shepard83

Were attorney actions illegal?

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First, a big thank you to everyone on the board for all the help you offer to those of us struggling with these problems.

 

I have a question that I have not seen addressed in other threads.

 

Can an attorney for an OC file an offer to settle letter with the court as evidence?

 

Basically, the case is in Ohio.

The amount is under 15k.

Being sued by original creditor, maybe, the debt collector won't prove who owns the bebt.

I filed a motion to dismisss / compel to get this into arb.

The OC's Atty filed a motion for stay, using my arbitration application and an offer to settle letter that I had sent him as evidence.

In the letter, I denied the debt, but offered to settle, expecting him to throw a number at me to get the ball rolling.

Instead he filed that letter with the court as his exhibit A.

 

Can / should I do anything about this? Motion to strike? Motion to deny? File an objection?  File complaint with the attorney general, the FTC, the Ohio Bar? Counter sue?

 

I'm very new at this.

This was filed last week, so will I have to act quickly on this?

 

Among other things, this atty has violated the following:

Refused the initial arb demand and proceeded straight to lawsuit.

Refused to provide proof of the alleged debt when I responded to the Dunning letter. Again, went straight to lawsuit.

Left phone messages refusing to identify himself as a debt collector.

May have called my neighbors and employer.

Ignored written cease and desist to stop calling and have all future contact be in writing.

Refused to provide proof of who owns the alleged debt.

Initially refused arb demands, twice, until it came to a hearing.

 

Also, at the hearing, I was not allowed to say anything. Literally. I didn't even get one sentence out before 'His Honor,' shut me up. He was ready to rubber stamp anything the atty asked for.

 

So now the case is going to arb. Maybe.  I want to counter claim everything possible against them. Which threads do I need to study?  Which laws do you suggest?  Which cases?

 

I'd really like to get a settlement out of this.  Even one that's fair to both sides.

But if the atty's filing was improper, what can I do about it?

 

Thanks, everyone.

 

 

 

 

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1 hour ago, shepard83 said:

Can an attorney for an OC file an offer to settle letter with the court as evidence?

Unless you object to it and have it stricken:  yes.

1 hour ago, shepard83 said:

Being sued by original creditor, maybe, the debt collector won't prove who owns the bebt.

What do you mean the debt collector won't prove who owns it?  If you had a VISA card with BoPeep bank and defaulted and BoPeep Bank hired Big Bad Wolf Attorneys at Law to sue you then they only have to prove it in court they don't have to send you proof prior to suing.  Was the debt sold or not?

1 hour ago, shepard83 said:

Refused the initial arb demand and proceeded straight to lawsuit.

Not a violation.  Had you actually FILED for arbitration you MIGHT have an FDCPA violation though you might be the first to set the precedent since no court rulings it is a violation can be found.  You cannot just demand arbitration you have to actually FILE for it.

1 hour ago, shepard83 said:

Refused to provide proof of the alleged debt when I responded to the Dunning letter. Again, went straight to lawsuit.

They do not have to provide proof.  Under the FDCPA (which does not apply to an original creditor anyway) the law firm is only required to provide you with the name/address of the original creditor (if different than who they are collecting for) and the amount they allege you owe.  They do NOT have to come up with any proof unless they sue you in court and you and/or the court compels them to provide evidence.

1 hour ago, shepard83 said:

Left phone messages refusing to identify himself as a debt collector.

Depends on what the message said and WHO left it.  If it was the creditor then the FDCPA does not apply to them.  If it was the law firm/collector it might depending on the exact wording.

1 hour ago, shepard83 said:

May have called my neighbors and employer.

"May" gets you nothing.  You have to PROVE they called your neighbors AND disclosed personal information about the debt.  They are allowed to skip trace you.

1 hour ago, shepard83 said:

Ignored written cease and desist to stop calling and have all future contact be in writing.

They can do that too. There is no such thing as a partial cease and desist i.e.  the "all calls are inconvenient" crap you see being recommended to use.  They can either treat it as a full cease and desist or ignore it.  Even then not a violation of the FDCPA which again, does not apply to an OC but MIGHT be a violation of the TCPA if they called a cell phone and you specifically revoked consent to call that.

1 hour ago, shepard83 said:

Refused to provide proof of who owns the alleged debt.

Again, they don't have to provide you with proof.  Only in court or arbitration.

1 hour ago, shepard83 said:

Initially refused arb demands, twice, until it came to a hearing.

Not illegal.

1 hour ago, shepard83 said:

Also, at the hearing, I was not allowed to say anything. Literally. I didn't even get one sentence out before 'His Honor,' shut me up. He was ready to rubber stamp anything the atty asked for.

That happens especially in debtor friendly courts which OH has some of the most friendly ones in the country.

1 hour ago, shepard83 said:

I want to counter claim everything possible against them. Which threads do I need to study?  Which laws do you suggest?  Which cases?

Unfortunately the FDCPA does not apply to an original creditor and based on the thin information you have provided I don't see any claims against them.  Too little speculation on your part and not enough hard facts to support a claim.  Without knowing specifics it is impossible to give you laws or case law to help.

1 hour ago, shepard83 said:

I'd really like to get a settlement out of this.

I am sure you would.  The big question is how much do you owe?  Even if there is an FDCPA violation in there they do not become cumulative.  The maximum you would get in an award from the court would be $1000 and if you owe a lot more than that the law firm won't care.  They will push forward as they stand to gain a lot more than they would potentially lose.

1 hour ago, shepard83 said:

But if the atty's filing was improper, what can I do about it?

Based on what you posted so far I don't think it is.

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2 hours ago, shepard83 said:

Refused to provide proof of the alleged debt when I responded to the Dunning letter. Again, went straight to lawsuit.

What was stated in the dunning letter?  Did it contain the 30-day notice?   Did you send a DV within 30 days?  To whom did you send it?

2 hours ago, shepard83 said:

Left phone messages refusing to identify himself as a debt collector.

 

2 hours ago, shepard83 said:

Left phone messages refusing to identify himself as a debt collector.

Do you have those messages?

2 hours ago, shepard83 said:

May have called my neighbors and employer.

A debt collector can contact others in order to get location information.

 

 

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