Jump to content

any FDCPA/ debt collection attorney near downtown Los Angeles/Arcadia/San Ganbriel/Pasadena/Monterey Park?


Recommended Posts

Gentlemen/ Ladies,

 

Any debt collection attorney/ FDCPA attorney in/ near  downtown Los Angeles, Arcadia, San Gabriel, Pasadena, Monterey Park, area?

 

Please send PM / or left your username here.

 

My situation is 1 case JDB debt collection Vs. me @ superiorcourt of california; 2nd one FDCPA Me Vs. JDB at federal court downtown Los Angeles. Will discuss in detail in person including how you are compensated if taking over the cases.

 

Million thanks.

Link to comment
Share on other sites

Ladies/Gentlemen:

 

I understand there may be some concerns about recommeding a attorney, but I am sure you guys have came across as we all have our problems here trying to solve it thru this forum....

 

Please PM me, I do want to see if they are interested in my 2 cases....a debt collection and FDCPA ....Million thanks

Link to comment
Share on other sites

Gentlemen/ Ladies,

 

Any debt collection attorney/ FDCPA attorney in/ near  downtown Los Angeles, Arcadia, San Gabriel, Pasadena, Monterey Park, area?

 

Please send PM / or left your username here.

 

My situation is 1 case JDB debt collection Vs. me @ superiorcourt of california; 2nd one FDCPA Me Vs. JDB at federal court downtown Los Angeles. Will discuss in detail in person including how you are compensated if taking over the cases.

 

Million thanks.

 

No reputable attorney is going to contact you via the forums for representation.  Good attorney have no need to do that and many State Bar Associations prohibit soliciting clients this way.

 

One MAJOR problem you are going to have is that many great attorneys will not take over a case once a pro-se litigant has filed on their own unless they did a STELLAR job.  They do not have the time to clean up the mess that was made and do not want to be held accountable for assuming the mistakes of the client as part of the case.  

 

They are also not going to "discuss" compensation options.  Most have set fee schedules for these type of cases and typically work on contingency and bill their time to the defendant.  You would get $1000 and no more on your FCDPA case.  On the suit against you they will require a retainer you can bet on it.

 

You can also try naca.net to see if there is a firm that will take the case.  

Link to comment
Share on other sites

I can't stress enough how important it is to find one with FDCPA experience. Just finding a "consumer" attorney can be costly. Many of them are like regular attorneys and are only looking for a quick settlement. The links I posted above have attorneys listed that are actively filing claims. Don't be afraid to talk with a few before you make any decisions.

Link to comment
Share on other sites

While I am now searching for FDCPA attorney...I just had a meet & confer with JDB's attorney,

 

The case was first filed at small claim court, they moved to Federal court, and filed motion to dismiss, Judge granted with leave to amend the complaint, I did the 1st amend about 1 week ago. The Judge further wants meet & confer ( must be log and record details) if JDB wants to dismiss the case again, otherwise any motions will be denied.

 

JDB 's attorney raised a few issues on my 1st amend complaint.

1. They do not want to give me permission to amend the complaint, they want me to drop it.

2. they say, JDB is not a debt colector, under FDCPA. The other attorney office that was doing the collection, is a debt collecor. And they said, I did not name the other attorney as defendant.

3. they say, I did not state I am a consumer, under the FDCPA rules.

4. they say, on the 1692g, their client is not required to show proof of mail delivery. Just they stated they sent, and is good enough.

5. they say, on 1692c, that they claim their client has legal standing to report negative tradeline even when they do not have proof to showing their legal standing, even when there is existing debt collection lawsuit going.

Gentlemen/ Ladies, any comment please,....

Link to comment
Share on other sites

While I am now searching for FDCPA attorney...I just had a meet & confer with JDB's attorney,

 

The case was first filed at small claim court, they moved to Federal court, and filed motion to dismiss, Judge granted with leave to amend the complaint, I did the 1st amend about 1 week ago. The Judge further wants meet & confer ( must be log and record details) if JDB wants to dismiss the case again, otherwise any motions will be denied.

 

JDB 's attorney raised a few issues on my 1st amend complaint.

1. They do not want to give me permission to amend the complaint, they want me to drop it.

2. they say, JDB is not a debt colector, under FDCPA. The other attorney office that was doing the collection, is a debt collecor. And they said, I did not name the other attorney as defendant.

3. they say, I did not state I am a consumer, under the FDCPA rules.

4. they say, on the 1692g, their client is not required to show proof of mail delivery. Just they stated they sent, and is good enough.

5. they say, on 1692c, that they claim their client has legal standing to report negative tradeline even when they do not have proof to showing their legal standing, even when there is existing debt collection lawsuit going.

Gentlemen/ Ladies, any comment please,....

 

First of all I would start a new thread to ask these questions. Many will not see this because of the title on this one. 

 

Next I would concentrate on finding an attorney. Find out what the rules are as far as asking for time to hire an attorney in CA Federal Court. What you posted above is just dealing with the basics of an FDCPA claim. It will not get any easier for you. They will continue to try for dismissal and will get more aggressive because you are filing Pro Se.  Most of these attorneys are real litigators and are not as easily defeated as the rent-a-lawyers in the local/state cases. They will also try to stick you with cost if they can get away with it.

 

You are in over your head here and I wouldn't risk making any more mistakes that will damage your case. My best and only advice is to get an attorney ASAP. 

 

Good Luck! 

Link to comment
Share on other sites

JDB 's attorney raised a few issues on my 1st amend complaint.

1. They do not want to give me permission to amend the complaint, they want me to drop it.

 

Of course they want you to drop it.  No surprise there.

 

2. they say, JDB is not a debt colector, under FDCPA. The other attorney office that was doing the collection, is a debt collecor. And they said, I did not name the other attorney as defendant.

 

They always say this too.  If they are trying to collect on a debt they are a collector.  The creditor is ALWAYS responsible for the conduct of the agencies they hire.  However, you did make the mistake of not suing everyone involved.

 

3. they say, I did not state I am a consumer, under the FDCPA rules.

 

Minor technicality and as a pro-se litigant the court would likely over look it.

 

4. they say, on the 1692g, their client is not required to show proof of mail delivery. Just they stated they sent, and is good enough.

 

This is correct and I and others have told you this already.  They only have to show the letter NOT that you ever received it.  

 

5. they say, on 1692c, that they claim their client has legal standing to report negative tradeline even when they do not have proof to showing their legal standing, even when there is existing debt collection lawsuit going.

 

This is also accurate.  I explained this on the other board.  The burden of proof for reporting a trade line is much lower than the burden of proof to sustain a court case legally.  The lawsuit has NOTHING to do with reporting. It is two entirely separate issues and you are trying to tie them together.  Currently there is nothing in the FCPA law that I am aware of that requires a creditor to show legal standing when reporting a trade line.  If you know how to defend a case they can be made to show legal standing to sue if done properly under the rules of evidence.  Whether the court considers what they produce sufficient is going to vary widely from jurisdiction to jurisdiction.  Some courts are more rigid and creditor friendly than others.

Link to comment
Share on other sites

@Clydesmom:

 

You pointed out a very very interesting yet very very technical skill here, ie  "how to defend a case they can be made to show legal standing to sue if done properly under the rules of evidence"

 

Honestly speaking,...I realized not only "what I need to know" is important, but how to "do it " is very important, which sometimes, I found, that's what's lacking....

 

Having said that....can you jump in & teach me a little?

 

Can't say thank you enough,....

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.