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Another call from the Plaintiffs attry...


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Okay this is getting so stressful.. I am going to go BALD. lol

 

Got a call from the attorneys office, as he received a call from my new hired attry.  My attry has informed them that I have paid a partial retainer for Bk,BUT haven't filed, but per policy they are just calling to inform Plaintiffs counsel. He told them that I have NOT filed Bk as of now. 

 

He called and asked me if I filed? I said NO. I told him I paid  a partial retainer. 

He asked when will you file? Told him NO IDEA.. MAYBE NEVER, and I am interested in going on with JAM. 

 

He then said.. we are willing to dismiss the case, BUT we want you to agree not to file a NEW COUNTERCLAIM against them in either Federal or State. As of NOW, they have NO idea I was even going that route. 

 

He wants me to sign that as a settlement? They are NOT willing to pay me my $250.00 answering fee. 

 

Please give me some type of feedback. I told him that I will call him back. I have a meeting with my new attry on 4-8-14 to excute the paperwork for the federal case.

 

 

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I would think that you would be far less stressed now. You could probably get your $250 out of then as well. Talk to your lawyer. He would not have been interested in your cross complaints if there was nothing there. For people reading: It's not the cross complaints as the OP has written them that the lawyer is going to use, it's a new correctly drafted complaint.

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Game, set and match. You should not be stressed, but relieved! You just outmaneuvered an experienced attorney and an experienced Plaintiff.  In addition, the attorney who called has just committed major breach of professional ethics. Once he was advised you were represented by counsel, he had no right to call you and ask  you those questions. Please call your attorney immediately and advise of this contact and the discussion.

 

I seem to recall these two attorneys have "history" together. If that's the case, he probably knows what is coming and wants to avoid it. You have a simple decision to make, do you want your attorney to file a lawsuit against the other party and go through JAMS? The Plaintiff's attorney suing you is obviously very concerned you will do just that. Or, do you just want the whole thing to go away and not file bk.  The choice is yours.

 

Whatever you do, call your attorney first and foremost. Relax, your case is over if you want it to be. You just took a very experienced attorney to school :-)

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I have to agree with Determined. Contact your attorney first and inform them that the plaintiff attorney contacted you and started to ask you questions. That might be another violation of law. Once a JDB or their representative (including attorneys) know that you are being represented by an attorney, they are suppose to contact the attorney not you.

In any case, DO NOT SIGN ANYTHING until you speak to your attorney and they have looked it over.

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HI BV80,

 

Yes, but he is not allowed to call and ask the questions Tds indicated he asked. He may weasel of the hook from a professional ethics complaint, but he just checkmated himself in this legal matter. 

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I just woke up from a nap, I haven't slept from the day I was served. It was way overdue. Lol

I left a message for my attorney to see him sooner than next week. His in trial all week. Sigh my luck.

Im not happy with the conclusion of this, and will not accept their offer. Im out close to 500, with filing fees, certified mailings and other things. They need to make a better offer. Its a risk, but im all in.

What's the worse that happens, I lose file bk, and sue them in federal court.

Im all in at this time. But thank God my big move paid off. If I was still stuck in court, they would have continued to fight me. They dont want to pay big money to jams. My suit is for 12,000. I thought that was big enough for them to keep going.

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@Tds, if I may suggest, put that attorney on radio silence. Don't respond to his calls or emails until you speak with and through your attorney. Let him sweat it out for a few days then. You very well may walk away with a check. 

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@Tds

 

I'd speak to your attorney.  If you accept their offer, you don't have to file bk which means you don't have to pay for it and go through the hassle.  While your attorney may have won some FDCPA cases, there's not always a guarantee of a win. 

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They don't know. They have no idea that I am filing in federal. They're just nervous that I hired a bk attorney, kinda like a insurance.

But this two attorney have really bad blood. Last 4 of his cases went to trial, lost, as they file in witness from oc. Then he files bk, and sues in federal.

Im the first to push them into jams. Which is impossible in Oregon.

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Work out a deal, get  what you want, give them they want (not suing them over this case in federal)...

 

 

.....then.........hit the DC lawyer with a suit over contacting you instead of your attorney.

 

 

(I'm half joking...just me thinking out loud ;-) - don't know if you can sue a lawyer over that. I just think it would be enjoyable to pull such a maneuver)

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Okay this is getting so stressful.. I am going to go BALD. lol

 ...

He wants me to sign that as a settlement? They are NOT willing to pay me my $250.00 answering fee. 

 

Please give me some type of feedback. I told him that I will call him back. I have a meeting with my new attry on 4-8-14 to excute the paperwork for the federal case.

Patience is a competent negotiator's good friend IMHO.

 

Perhaps it is worthwhile during the next discussion with the BK attorney to determine if they would be able/interested in negotiating the settlement with the DC attorney. If it were me, I would be willing to split whatever my BK attorney could extract out of their wallet just to have it off my plate (to be honest I like negotiating with DC attorneys so I would want to do it myself - that is definitely not for everyone). YMMV

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@nobk4me

 

I don't know that the OP can insist on a dismissal with prejudice, but he doesn't need to do so.  The settlement would stipulate that he would not be sued again by that plaintiff.  Also, in this case, a dismissal with prejudice would not help him with his CR because it wouldn't be a court ruling.

 

I agree with you that I would consider the amount he's paid so far to be a win.  $250 on a debt that is most likely his is less than the pennies on the dollar paid by the JDB.  The JDB also paid to file the complaint.  So, they've lost more money than he did.

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I would probably wish to discuss the possible option of using something like a stipulation for entry of judgment and judgment of dismissal (or whatever would be appropriate in my jurisdiction) with a competent winning consumer attorney.

 

I would think that overly-broad release terms would be detailed in the stip and part of the court record. Some overly-broad release of all parties language can be found in Swinerton.

 

I would think that the OP, DC attorney, and plaintiff's authorized representative would all sign such a stipulation.

 

I would think the overly-broad release language should deter derogatory CRA reporting and 1099-C filing. My attorney should be able to advise on the best route to pursue.

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