Chess any1? Posted February 28, 2013 Report Share Posted February 28, 2013 Please help,I need direction. I am looking for a sample of an ITS letter. I already received a stipulation of dismissal from the OC in my civil case. They stated amicable and at no cost to either party. I am so glad that I looked up the court rule on stipulation of dismissal. It states that if signed by both parties, the case is dismissed, as well as any counterclaims. Well I haven't signed the letter yet because I do not want to give up my right to sue them. They are more than aware of their blatant violations and the price tag it woud have in court. Please let me know where I can find a good ITS letter as I send back this Stipulation of Dismissal.Thank you again for your help. Link to comment Share on other sites More sharing options...
admin Posted February 28, 2013 Report Share Posted February 28, 2013 Here's one for the credit bureaus. http://www.creditinfocenter.com/forms/sampleletter12.shtml Link to comment Share on other sites More sharing options...
Chess any1? Posted February 28, 2013 Author Report Share Posted February 28, 2013 Thank you. That is very helpful. Can I send them a letter as a reply to their Stipulation For Dismissal, that I Intend to Sue? This would be prior to actually filing any claims. Link to comment Share on other sites More sharing options...
BV80 Posted February 28, 2013 Report Share Posted February 28, 2013 What violations against the OC? 1 Link to comment Share on other sites More sharing options...
debtzapper Posted February 28, 2013 Report Share Posted February 28, 2013 If you do a regular Google search of "its letter," you will get a few hits. 1 Link to comment Share on other sites More sharing options...
Chess any1? Posted February 28, 2013 Author Report Share Posted February 28, 2013 BV, Can I email you a copy of what I wrote? I have it on my ipad, but I don't know how to attatch it. If you would like to see it, please PM me an email. I appreciate any feedback Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted February 28, 2013 Report Share Posted February 28, 2013 Just post it here. We need to know what these supposed violations are. If you're thinking FDCPA, it does not apply to OCs, they are creditors, not third party debt collectors. The violations could go against the law office if their major function is debt collection. In most cases, you get a flat one time violation of up to $1,000.00, they are not "stacked" as you think. If the law office committed five violations, you make five separate counts in the complaint. That way you have five shots at $1,000.00. Link to comment Share on other sites More sharing options...
BV80 Posted February 28, 2013 Report Share Posted February 28, 2013 I agree with Bruno. If you're referring to FDCPA violations, they don't apply in your case. Is this about the FDCPA or perhaps violations relating to another law? Link to comment Share on other sites More sharing options...
Chess any1? Posted February 28, 2013 Author Report Share Posted February 28, 2013 Thanks guys,I do have FDCPA violations, but I am not so consumed with the 1000, they pay. They just reinforce the incompetence of the OC's attorneys. The issue I am looking to attack is the fact that they failed to redact my SSN on two court documents. So my SSN is now public record. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted February 28, 2013 Report Share Posted February 28, 2013 This could be state specific, we don't know where you are, so we can't help much. For instance, California has this rule: 2013 California Rules of CourtRule 1.20. Filing Link to comment Share on other sites More sharing options...
Chess any1? Posted February 28, 2013 Author Report Share Posted February 28, 2013 [quote name=BrunoTheJDBkiller" post="1230800" time="1362084292]This could be state specific, we don't know where you are, so we can't help much. For instance, California has this rule: 2013 California Rules of Court Rule 1.20. Filing Link to comment Share on other sites More sharing options...
BV80 Posted February 28, 2013 Report Share Posted February 28, 2013 If you are in NJ, does one of the following apply to you? © Compliance.(1) In every trial Division of the Superior Court where a Case Information Statement is required, parties shall certify in the Case Information Statement that all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers in accordance with the provisions of this rule. (2) In General Equity Part, Probate Part, and Special Civil Part matters, where no Case Information Statement is required, parties shall include the following language in the first filed pleading as provided in R. 4:5-1((3), "I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(." Link to comment Share on other sites More sharing options...
Chess any1? Posted February 28, 2013 Author Report Share Posted February 28, 2013 If you are in NJ, does one of the following apply to you? © Compliance. (1) In every trial Division of the Superior Court where a Case Information Statement is required, parties shall certify in the Case Information Statement that all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers in accordance with the provisions of this rule. (2) In General Equity Part, Probate Part, and Special Civil Part matters, where no Case Information Statement is required, parties shall include the following language in the first filed pleading as provided in R. 4:5-1((3), "I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(." Link to comment Share on other sites More sharing options...
Chess any1? Posted February 28, 2013 Author Report Share Posted February 28, 2013 Yep! Thats it Link to comment Share on other sites More sharing options...
Chess any1? Posted February 28, 2013 Author Report Share Posted February 28, 2013 The document has the OC's name v. my name, my address and my SSN. It is a writ of execution. At least it only happened twice. They remembered to redact it on the rest of the documents. I guess the knew the rule:) Link to comment Share on other sites More sharing options...
BV80 Posted February 28, 2013 Report Share Posted February 28, 2013 I'm not sure what you can do with that. The failure to follow procedure is the attorney's fault. I don't know if that would enable you to sue the OC. I think this is referred to as vicarious liability. Can the OC be held liable for the actions of their attorney? Here's an interesting case. It might direct you to some other cases that would be useful. Generally . . . the principal is not vicariously liable for the torts of the independent contractor if the principal did not direct or participate in them." Baldasarre v. Butler, 132 N.J. 278, 291 (1993). http://scholar.google.com/scholar_case?case=17068956164030347967&q=Baldasarre+v.+Butler&hl=en&as_sdt=4,31,108,123,153 Link to comment Share on other sites More sharing options...
Chess any1? Posted February 28, 2013 Author Report Share Posted February 28, 2013 Thanks BV. I will enjoy my new reading material tonight. Thank you for replying. I look forward to any avenues the "Vets" of this board think I should explore. I have a week to decide my next move.BV, Great Read. Thanks. I have to look further into if the Attorneys acted as a business agent, or employee, taking direction from the OC. Link to comment Share on other sites More sharing options...
debtzapper Posted March 1, 2013 Report Share Posted March 1, 2013 Why don't you don't you discuss your case with a consumer lawyer? If a lawyer thinks its meritorious, he/she might take it on. If nothing else, they could give your their assessment of it. Get several opinions. Issues like vicarious liability, agency and principal, respondeat superior and the procedures to litigate your case in court are complex and challenging. Unless you already a seasoned pro se litigator, be prepared for a LOTof very intense study, planning and work. Also, if you sue a lawyer or an OC, they are going to fight back hard. They don't roll over. They are used to suing and being sued. I am not saying it can't be done, but know what you are getting into. Link to comment Share on other sites More sharing options...
Chess any1? Posted March 1, 2013 Author Report Share Posted March 1, 2013 Thank you Debt Zapper. I do enjoy the reading and yes, I truly find this challenging. I will be speaking with an attorney, but I do think members of this board are well educated and well rounded, when it comes to the ins and outs of fighting back. Link to comment Share on other sites More sharing options...
Chess any1? Posted March 1, 2013 Author Report Share Posted March 1, 2013 Just post it here. We need to know what these supposed violations are. If you're thinking FDCPA, it does not apply to OCs, they are creditors, not third party debt collectors. The violations could go against the law office if their major function is debt collection. In most cases, you get a flat one time violation of up to $1,000.00, they are not "stacked" as you think. If the law office committed five violations, you make five separate counts in the complaint. That way you have five shots at $1,000.00. Ok, So if I go after Attorneys for FDCPA, which I have their own case law against them, do I handle my Tort claim against attorneys in State court and the FDCPA violation in FED court? And what about C1? Do I just attack them via Attorney general for GLBA violation and hope the would rather settle, or do I elect and initiate JAMS? Thanks Bruno, You know your SH*T, and I appreciate any tacticts you can pull out of your A**. Did I just sound a little Jersey? Sorry:) Link to comment Share on other sites More sharing options...
BV80 Posted March 1, 2013 Report Share Posted March 1, 2013 And what about C1? Do I just attack them via Attorney general for GLBA violation and hope the would rather settle, or do I elect and initiate JAMS? First, you have to find out if you'd have a private right of action under GLBA. Not all laws allow for private citizens to sue. If it does allow for a private right of action, you'd have to find out if you can apply it to attorneys. If not, then you'd have to research precedent for vicarious liability regarding clients and attorneys. One other thing: Carefully research your FDCPA claims. The Supreme Court just ruled that if a plaintiff loses an FDCPA case, the courts can award costs to the defendant. Link to comment Share on other sites More sharing options...
Chess any1? Posted March 1, 2013 Author Report Share Posted March 1, 2013 First, you have to find out if you'd have a private right of action under GLBA. Not all laws allow for private citizens to sue. If it does allow for a private right of action, you'd have to find out if you can apply it to attorneys. If not, then you'd have to research precedent for vicarious liability regarding clients and attorneys. One other thing: Carefully research your FDCPA claims. The Supreme Court just ruled that if a plaintiff loses an FDCPA case, the courts can award costs to the defendant.Thanks again BV. GLBA is no private right of action. It would be a letter to the Attorney General and the new Obama Consumer Protection group in which, they would file complaint.My one FDCPA claim is solid, based on a class action lawsuit against these attorneys, in regards to a particular letter that was used in my case as well.A tort claim against the attorney's ? I wonder why there is so little case law on this subject? Do they all settle out of court? End up in ARB?Imagine if the Attorneys took out a legal ad in the newpaper and put someones SSN on it!I want accountability!Sorry if I am being melodramatic Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted March 1, 2013 Report Share Posted March 1, 2013 The first thing you should do is file a motion with the court requesting that your information be redacted by the clerk. Then you have to see if this goes beyond a procedural rule. There must be a statute they violated before you can sue, and that statute needs to have a private right of action. It would have to provide for a civil penalty, because you don't have any real monetary damages stemming from this. I have to look further into if the Attorneys acted as a business agent, or employee, taking direction from the OC. The OC is their client. Of course they take directions, the client calls the shots. Most of what you would want to know is protected, you'll never get the information. The redaction thing has nothing to do with the FDCPA. At best it is a curable mistake. 1 Link to comment Share on other sites More sharing options...
Chess any1? Posted March 1, 2013 Author Report Share Posted March 1, 2013 Thanks Bruno,NJ Rule 1:38-7Great law journel articles on this Rule, but I haven't seen any precedent or compliance standards, so I am not sure.I m going to play poker, maybe I will have better luck Link to comment Share on other sites More sharing options...
BTO429 Posted March 1, 2013 Report Share Posted March 1, 2013 Why not just file a motion with the court and ask the court for your ssn to be deleted. They only way I can see you getting any recovery under a suit for this is if you can prove that their act had created a complaint that can be heard in court and one that damages can be applied to. There are only three types of damages you can receive compensatory, punitive, and nominal. You need to know the difference between them. Link to comment Share on other sites More sharing options...
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