HotWheels96 Posted July 8, 2013 Report Share Posted July 8, 2013 Hey everybody!I was just wondering if I am allowed to contact the plaintiff if the plantiff's attorney refuses to answer my emails, take my phone calls, return my phone calls, refuses to respond to the JAMS case manager's emails, etc.?How can I get an actual response from them? In case anybody forgot...MTC Arb granted, paid my fee for arb, they refuse to pay their fee for ARB. I have since filed a complaint (yet to be served) to toll the SOL on their numerous violations (you pick the law, they broke it) and our next hearing to discuss JAMS results is approaching at warp 9.9! Yes I'm a dork.I really wanted them to have to file the dismissal because I'm afraid if I do it, it will somehow mess up my complaint I have waiting in the wings. I could really use some insight on my next move.Thanks! Wheels Link to comment Share on other sites More sharing options...
racecar Posted July 8, 2013 Report Share Posted July 8, 2013 Ask the arbitrator if you can start the trial without them after all the plaintiff is the master of his claim and filed the suit against you and now is denying his credit agreement by not paying his fees. I would ask for ask for ruling asap. No mercy Hot wheels. Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 8, 2013 Author Report Share Posted July 8, 2013 The arb case manager told me we cannot proceed without their portion paid. Since their portion is $750, I cannot pay it. I had already tried to get her to agree to continue. But, since my complaint is the only one JAMS has, as if you remember, it's past the SOL for them to file a counter complaint for the alleged debt, I would have to pay their portion. Would filing a motion to dismiss their claim affect my, separately filed claim? Link to comment Share on other sites More sharing options...
Anon Amos Posted July 9, 2013 Report Share Posted July 9, 2013 Hey everybody! plantiff's attorney refuses to answer my emails, take my phone calls, return my phone calls, refuses to respond to the JAMS case manager's emails, etc.? How can I get an actual response from them? How about filing a complaint with the State Bar? Maybe ethics violation of the model rules, there are a few others that just don't seem come to mind , (you can look these up at the State bar website). Call him one more time and leave the message that that will be your next step if he does not call back by the end of business, I think you will then get an actual response, one way or the other. 1 Link to comment Share on other sites More sharing options...
skippy1960 Posted July 9, 2013 Report Share Posted July 9, 2013 Hey everybody!I was just wondering if I am allowed to contact the plaintiff if the plantiff's attorney refuses to answer my emails, take my phone calls, return my phone calls, refuses to respond to the JAMS case manager's emails, etc.?How can I get an actual response from them? In case anybody forgot...MTC Arb granted, paid my fee for arb, they refuse to pay their fee for ARB. I have since filed a complaint (yet to be served) to toll the SOL on their numerous violations (you pick the law, they broke it) and our next hearing to discuss JAMS results is approaching at warp 9.9!Yes I'm a dork.I really wanted them to have to file the dismissal because I'm afraid if I do it, it will somehow mess up my complaint I have waiting in the wings. I could really use some insight on my next move.Thanks!Wheels This is not uncommon behavior from a plaintiff at this point. At this point they are painted into a corner. To continue they will need to pay the $750, and then more to attempt to collect. Sounds as if they aren't interested. I would prepare for my next court date by having a copy of the following: 1. Initiation paperwork along with POS that Plaintiff was served.2. Copy of my payment to JAMS.3. Copies of emails sent to Plaintiff that have not be responded to.4. Letter from JAMS case manager that they are awaiting balance of initiation fee to continue the arbitration. With these I would show up to the status conference. You will be able to outline that you have met your responibilities to move the arbitration forward. Then the otherside can share what the issues are as to why they haven't followed the court order. Good chance the otherside will dismiss, but you never know. They may whine like a baby that it is too expensive. Best of Luck... 1 Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 9, 2013 Author Report Share Posted July 9, 2013 Funny you should mention a letter from the arb case manager...she told me she couldn't give me one and that I have to use the emails she sent them. I thought I had heard others mention some type of letter just for this situation but I guess I was mistaken. Link to comment Share on other sites More sharing options...
KentWA Posted July 9, 2013 Report Share Posted July 9, 2013 Your emails will likely be just fine as the courts recognize that most people communicate electronically now. If it was me I would be drafting a motion to further compel with sanctions on both plaintiff and plaintiffs counsel for failure to arbitrate and failure to meet and confer. Nothing like viable possibility of sanctions to get a lawyer to sit up and pay attention. 1 Link to comment Share on other sites More sharing options...
BTO429 Posted July 9, 2013 Report Share Posted July 9, 2013 I would file a motion to dismiss with prejudice, and also ask for the plaintiff to pay you back for the money you spent for JAMS. Dismissal could be for their continued failure to comply to their agreed contract, to want of prosecution. I would also ask for the court to determine if the plaintiff and their attorney is in contempt for lack of candor before a tribunal. Link to comment Share on other sites More sharing options...
racecar Posted July 9, 2013 Report Share Posted July 9, 2013 What Kent said first HotWheels96 send a letter to the attorney to pay you $5000.00 in exchange for a Release and Dismissal of the case. Then read the jams rules, I'm sure you can win by default. Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 9, 2013 Author Report Share Posted July 9, 2013 "contempt for lack of candor before a tribunal"I've never heard of this, but I like the way it sounds! Guess ill have stuff to look up at home!Will filing a motion to dismiss their case affect my case I filed against them? It's why I haven't done so at this point. Link to comment Share on other sites More sharing options...
BTO429 Posted July 9, 2013 Report Share Posted July 9, 2013 A decision in one case would not affect the other case. Link to comment Share on other sites More sharing options...
BTO429 Posted July 9, 2013 Report Share Posted July 9, 2013 "contempt for lack of candor before a tribunal"I've never heard of this, but I like the way it sounds! Guess ill have stuff to look up at home!Will filing a motion to dismiss their case affect my case I filed against them? It's why I haven't done so at this point.Rules of Professional conduct rule 3.3 candor before a tribunal,,,,google it. 2 Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 10, 2013 Author Report Share Posted July 10, 2013 Rules of Professional conduct rule 3.3 candor before a tribunal,,,,google it. I'm on it! Thanks so much everybody, for your contributions. Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 11, 2013 Author Report Share Posted July 11, 2013 On a hunch, I called the plaintiff's legal team back and was told that this case was referred back to the plaintiff several months ago. (Just, wow) I found this interesting because they did attempt to dismiss the case a few weeks ago, but messed it up and so this case is still in full swing as far as the court is concerned. The agent for the attorney told me that I had permission to now call the plaintiff. So, I called and attempted to determine what the heck was going on. The lady was actually really polite to me and we giggled on several occasions throughout the conversation. Now, this just might be because it was clear who had the upper hand, and it wasn't them. She told me the account is back on the collection floor! She told me they sent me a new settlement offer right after the crackpot legal team gave it back. I told her that's hilarious because I sent two refusal to pay/cease communication letters, complete with signed green cards prior to them filing their lawsuit past the statute of limitations. She was ::surprised:: LOL! She said she was going to put in that it's disputed (now I'm kind of wishing I hadn't called, dang it all) despite my telling her it's been a disputed account for years. She gave me their "legal" phone number so that I can talk to them about what they plan on doing. As far as she knows, the account is no longer in the court system, but the I'm betting I would end up with a default if I didn't show up to our next hearing. I can see that I will be forced to file the motion to dismiss I've begun drafting. How do I ensure sanctions against the attorney? Is that likely? Link to comment Share on other sites More sharing options...
ArtVandelay Posted July 11, 2013 Report Share Posted July 11, 2013 She told me they sent me a new settlement offer right after the crackpot legal team gave it back. I told her that's hilarious because I sent two refusal to pay/cease communication letters, complete with signed green cards prior to them filing their lawsuit past the statute of limitations. She was ::surprised:: LOL! Do not pass go. Do not collect $200.00. Instead go directly to an experienced attorney that specializes in FDCPA cases. Sue them in Federal Court. Get them to cancel the debt, delete the trade lines and drop the lawsuit. Get 1K and let your attorney make whatever they can. Link to comment Share on other sites More sharing options...
racecar Posted July 11, 2013 Report Share Posted July 11, 2013 What art said Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 11, 2013 Author Report Share Posted July 11, 2013 Don't forget, I already filed a suit. I've got my server ready to pounce. I'm attempting to get to the bottom of why the attorney drafted the complaint with a DOLP of 6/09 when the plaintiff knew (and admitted in a response to my dispute through the CRA's) that the DOLP was in fact 12/08. Would I ascertain that information through discovery, assuming it gets that far? Link to comment Share on other sites More sharing options...
KentWA Posted July 11, 2013 Report Share Posted July 11, 2013 I would file right now for dismissal which they are not likely to oppose, followed immediately with filing for costs. They will just love having to write a check for abandoning their case. Link to comment Share on other sites More sharing options...
admin Posted July 11, 2013 Report Share Posted July 11, 2013 What @KentWA said. Link to comment Share on other sites More sharing options...
ArtVandelay Posted July 11, 2013 Report Share Posted July 11, 2013 Don't forget, I already filed a suit. I've got my server ready to pounce. Sorry I missed that. If you have an attorney on your FDCPA case they will probably give you a little free advice on your local case. Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 12, 2013 Author Report Share Posted July 12, 2013 I don't have an attorney, I filed in pro per. Am I allowed to file for a summary judgment or am I barred from doing so because I have no counter complaint? I can't find case cites and CCP's to include in a motion to dismiss. HELP?! Link to comment Share on other sites More sharing options...
ArtVandelay Posted July 12, 2013 Report Share Posted July 12, 2013 It is just my opinion but when you file an FDCPA case in Federal Court you need an attorney. Without an attorney you can't recover attorney fees which is a huge reason they try to settle quickly. Even Coltfan1972 will tell you this. I see no reason to file an FDCPA claim Pro Se unless you get a settlement with an intent to sue. In other words they can keep dragging things out with a Pro Se for a year or two without consequences, no matter how guilty they are. When you have an attorney the meter is running at 1K or so a month and they want to stop that ASAP. Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 12, 2013 Author Report Share Posted July 12, 2013 I'm in no hurry with the complaint that I filed in superior court (I never said it was filed in federal??), the case can take 15 years for all I care. And I didn't file in federal. Remember, I have Rosenthal as a cause of action too. It's cheaper to file in superior, and have them pay to remove it. I want to make it clear, this is not my first go around in superior court. I have yet to continue a case once removed to federal because in my experience, they end up settling right after they pay to remove it. I cannot go into details as NDA's are in place. I respect Coltfan and generally his opinions...but, and its a big but, he would also say that everybody must do what they feel is best for them. He's also stated that what works for him, won't work for everybody. My past complaints filed never took more than 6 months, and they were filed without an attorney in sight. While I understand that hiring an attorney is a viable and even intelligent choice for many people, it is by no means the only one. I see these cases as a way to learn all I can about the process, whilst I put myself through law school. Further, I find going through the process just plain exhilarating. There's no way I would allow an attorney to have all my fun. One day I will venture into federal, and it will likely be pro per then. Finally, even I recognize that an attorney can be required in some instances, which is why I don't handle my own civil rights cases...I have an attorney handle those as they are considerably more difficult in every aspect. So, the need for an attorney is not lost on me. But, I do respect you and your right to have an opinion. Link to comment Share on other sites More sharing options...
nascar Posted July 12, 2013 Report Share Posted July 12, 2013 Wheels, don't waste your time filing a bar complaint against opposing counsel. The Rules of Professional Conduct do not apply to the situation you've described Link to comment Share on other sites More sharing options...
ArtVandelay Posted July 12, 2013 Report Share Posted July 12, 2013 I respect Coltfan and generally his opinions...but, and its a big but, he would also say that everybody must do what they feel is best for them. So, the need for an attorney is not lost on me. But, I do respect you and your right to have an opinion. Sorry I got kind of confused as to where you are in the process and your intentions. You are a lot more like Coltfan than I am in that you both seem to enjoy this. My main goal is to get it all over with ASAP and try to avoid the court room when possible. My strategy has been to use the FDCPA Cases to make the local ones go away. Most of the JDBs bring on more professional law firms when dealing with the Federal Cases. They have one goal only and that is to clear up things so people like us don't interfere with their client's successful, but questionable, business model. Its funny but the attorneys defending the FDCPA cases will basically tell the "rental attorneys" that are doing the suing to shut up and get out of the way. As long as the case is strong enough its almost as if these attorneys do your work for you. Then they pay my attorneys and me to go away usually withing 60-90 days. Its true that we do have different methods, but the main thing is that we both fight and continue to be a problem to the other side.I'll definitely be keeping up with your post more now and hopefully learn a few things along the way. 2 Link to comment Share on other sites More sharing options...
Recommended Posts