DaFish

after dismissal JDB lawyer threatens

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So this JDB lawyer no shows in court and I get a dismissal. Now with the help of some of the California folks on this forum, I'm trying to get my $300 back for costs. Got a judgment from the court and everything (it's been over 3 months) Rec'd a call today from the lawyer saying (and I quote) " ....if you don't walk away from the $300 he will have his client go vacate the supposed judgement that you recieved (dismissed without prejudice) and put the lawsuit back on calender and retry the matter". Now it's up to you, do you want to walk away from the alledged costs or do want to go thru trial and have to pay the full amount?.....". What do you think? Can they do that? Should I walk away?

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It's dismissal without prejudice, who says you "walk away" and they refile anyway? There's no written agreement, only the word of some scummy bottom feeder. Screw them, get your costs.

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Hmm, sounds like a threat to intimidate and harass. If it was me I would send him a nice little letter that started out "Summons and Complaint" personally naming him and his client. I am sure he would not have a happy client after that.

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I suspect the attorney's client is putting the heat on this dirtbag for not showing on their case and making him pay the justly deserved costs and expenses of the Defendant as a result of his no-show. 

 

File your costs, file your expenses, and file a complaint with the California Bar Association regards this guys threats. Copy the dirtbag attorney on your complaint.  

 

Regardless if you file for expenses or not it sounds like this guy will try to vacate the Judgment anyway. So you may as well get your money back in case you have to start over. You have nothing to loose. The attorney is just trying to intimidate you while he's standing out in the rain with only his underwear and now his briefs are on backwards. Hopefully he will loose his client too. Pretty laughable situation. Just file!

 

HP

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The more you screw him the better, if you reached this point I'm pretty sure you can win on trial, get a jury trial though he will like it better when that bills shows up.

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I suspect the attorney's client is putting the heat on this dirtbag for not showing on their case and making him pay the justly deserved costs and expenses of the Defendant as a result of his no-show. 

 

File your costs, file your expenses, and file a complaint with the California Bar Association regards this guys threats. Copy the dirtbag attorney on your complaint.  

 

Regardless if you file for expenses or not it sounds like this guy will try to vacate the Judgment anyway. So you may as well get your money back in case you have to start over. You have nothing to loose. The attorney is just trying to intimidate you while he's standing out in the rain with only his underwear and now his briefs are on backwards. Hopefully he will loose his client too. Pretty laughable situation. Just file!

 

HP

I like that answer HP!

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Wow.  It would seem to me that if you are entitled to your costs, then such a threat seems like a form of blackmail.  It might also be considered an FDCPA and/or Rosenthal violation.

 

Hopefully, Calawyer will chime in. 

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Wow.  It would seem to me that if you are entitled to your costs, then such a threat seems like a form of blackmail.  It might also be considered an FDCPA and/or Rosenthal violation.

 

Hopefully, Calawyer will chime in. 

I have PM'd Calawyer and he is guiding me!

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so maybe this is a FDCPA 807 (5) infraction??

 

807 A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

 

    (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

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This to:

 

§ 806.  Harassment or abuse  [15 USC 1692d] A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt

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so maybe this is a FDCPA 807 (5) infraction??

 

807 A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

 

    (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

 

@DaFish

 

Legally, they can sue you again.   You'd have to show they didn't intend to do so.  From what you've said, they didn't intend to do so.  At least the plaintiff didn't.  The threat was made by the attorney.

 

If the plaintiff is a JDB, the JDB could possibly be held liable for the actions of their attorney. 

 

 

In order to give reasonable effect to section 1692i, we must conclude that Congress intended the actions of an attorney to be imputed to the client on whose behalf they are taken. See Fox v. Citicorp Credit Servs., Inc., 15 F.3d 1507, 1516 (9th Cir.1994).

The FDCPA is silent on the issue of vicarious liability. In this circuit, however, it is established that, under the FDCPA, a debt collector may be found vicariously liable for the conduct of its attorney. Newman v. Checkrite Cal., Inc., 912 F.Supp. 1354, 1370 (E.D.Cal.1995).

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2 violations. Would love to be a fly on that attorney's wall if you filed a suit for FDCPA violations, and or Rosenthal violations too :)

You might find yourself a consumer attorney to take a look.

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