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Additional respondents


vittel
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I have looked at some old posts and unless there is a court order it seems risky to add respondents

 

Going to file motion to clarify JAMS or AAA. Should I add who is subject to arbitration somewhere in that motion as it just refers to plaintiff in the court order.

 

I want to make sure that I can include CA as well

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The only way I know is by suing them in district court and then MTC to arbitrate.

 

If you are clarifying  the forum issue then the "respondents" issue does not pertain to that matter.

 

I know most arbitrator's will dismiss CAs/law firms, because they claim not to be party to contract. Unless you have a strong argument on why they must be added such as "third party beneficiary" or other arguments then most likely it won't stick unless court orders arbitration.

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What do you do when the attorney is making false statements and violating federal and state laws representing OC.

 

Can you include that in claim against OC? Or do you need to file a separate suit in court against attorney.

 

I am referring to violations made after suit was filed in court. Before suit is filed I can see why it would not stick.

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Do you happen to have solid evidence of false statement to build a suit around it ? FDCPA is a strict liability status so even one proof of violation will do.

 

I hate bringing in FDCPA to an arbitrator.  BUT I have rounded up evidence to show the arbitrator that violations happened.

 

In arbitration I suggest  to have solid violations agaisnt OC like TCPA, FCRA, TILA ,etc.

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What do you do when the attorney is making false statements and violating federal and state laws representing OC.

 

Can you include that in claim against OC? Or do you need to file a separate suit in court against attorney.

 

I am referring to violations made after suit was filed in court. Before suit is filed I can see why it would not stick.

Umm I don't know if anyone told you, lawyers are required by law to lie for their client and if they don't bend the truth they are not adequately representing their client. I agree that if it was in court that adding an attorney as a respondent would be bad, but in arbitration lawyers are just employees of the JDB. Literally the lawer or law firm in arbitration is an agent of the JDB and thus liable for any misrepresentations or breaches of contract.

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Umm I don't know if anyone told you, lawyers are required by law to lie for their client and if they don't bend the truth they are not adequately representing their client. I agree that if it was in court that adding an attorney as a respondent would be bad, but in arbitration lawyers are just employees of the JDB. Literally the lawer or law firm in arbitration is an agent of the JDB and thus liable for any misrepresentations or breaches of contract.

Have you had success adding lawyer as respondent without court order and do they usually fight the award?

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Have you had success adding lawyer as respondent without court order and do they usually fight the award?

I do not believe you will get a lawyer as a respondent even with a court order,

which I truly doubt a judge will order one into private arb., although I could be

wrong.

 

It seems most arbitrators are all to happy to cut the atty. end a lot of slack,

even if you do manage the feat.

 

If, however, they are the actual C/A as well as atty, then the C/A will be prime

for respondent and FDCPA.

 

You might do better to bring a federal suit against the attorney for FDCPA violations

keeping in mind that the atty needed to have been somewhat active in the collection

activity or had brought a suit after electing arb., or sol.

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