Easy Case for an Attorey

[freeadvicezpt1]

What is the name of your state (only U.S. law)? California

I filed a case in small claims court against a collections company .

Defendant has violated the FDCPA in:

(1) Refusing to validate a debt in writing pursuant to 15 USC §1692g, and continued to pursue collections activity in violation of FDCPA Section 809(b). FINE allowed by law $1,000.00, and

(2) Defendant continued to contact plaintiff after written notification to cease and desist all communication pursuant to 15 USC §1692c(c) in violation of FDCPA Section 805(c. ) FINE allowed by law $1,000.00 and

(3) Defendant failed to validate this debt and continued to report to credit bureaus in violation of FDCPA Section 809(b). FINE allowed by law $1,000.00.

Plaintiff is seeking the amount of $3,000.00 in damages allowed by law.

The collections company contacted me by email to settle for $1,750.00 and in doing so admitted to two of the violations. I refused the offer and the collections company had the case transferred to District Court. I don't have District Court money.

The defendant is just a s guilty in District court as it was in Small Claims. Can an attorney take this case and request attorney fees to be paid by the defendant?

 

[Willlyjo]

What is the name of your state (only U.S. law)? California

I filed a case in small claims court against a collections company .

Defendant has violated the FDCPA in:

(1) Refusing to validate a debt in writing pursuant to 15 USC §1692g, and continued to pursue collections activity in violation of FDCPA Section 809(b). FINE allowed by law $1,000.00, and

(2) Defendant continued to contact plaintiff after written notification to cease and desist all communication pursuant to 15 USC §1692c(c) in violation of FDCPA Section 805(c. ) FINE allowed by law $1,000.00 and

(3) Defendant failed to validate this debt and continued to report to credit bureaus in violation of FDCPA Section 809(b). FINE allowed by law $1,000.00.

Plaintiff is seeking the amount of $3,000.00 in damages allowed by law.

The collections company contacted me by email to settle for $1,750.00 and in doing so admitted to two of the violations. I refused the offer and the collections company had the case transferred to District Court. I don't have District Court money.

The defendant is just a s guilty in District court as it was in Small Claims. Can an attorney take this case and request attorney fees to be paid by the defendant?

Hmmm...I'm baffled as to why the Collection Company had the case transferred to Superior Court. It would be like opening them up to prosecution for their breach of Federal Law.

Why don't you shop it around to a couple attorneys and see what they tell you? Keep us posted--this sounds like a very interesting case.

 

[ShyCat]

Take the settlement and run. The FDCPA allows for $1000 fine per action (i.e., law suit), not per violation.

 

[TigerD]

1. Willjo has no clue.
2. District Court implies that the collection agency removed the case to federal district court.
3. If the OP does not know what he is doing -- and he doesn't -- federal court is not where you want to be.
4. Watch for the counterclaim
5. You cannot introduce settlement negotiations as evidence.

You were not offered money because of their "obvious" guilt but rather because they were going to spend more than that defending. Now that it is removed to federal court -- you are about to have your backside handed to you.

DC

 

[tranquility]

1. Willjo has no clue.
2. District Court implies that the collection agency removed the case to federal district court.
3. If the OP does not know what he is doing -- and he doesn't -- federal court is not where you want to be.
4. Watch for the counterclaim
5. You cannot introduce settlement negotiations as evidence.

You were not offered money because of their "obvious" guilt but rather because they were going to spend more than that defending. Now that it is removed to federal court -- you are about to have your backside handed to you.

DC

"Counterclaim", for what? For the purported debt? Does federal court even have jurisdiction? While there can be supplemental jurisdiction for issues relating to the same transaction or occurrence, I don't see how the underlying facts of the debt would fall under the claim for violation of federal law. I agree with all the other points, but am unsure of the counterclaim.

 

[justalayman]

Can an attorney take this case and request attorney fees to be paid by the defendant?

Since you want to argue you are so well versed in the FDCPA, it surprises me you missed this:

§ 813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.

but to your actual claims:


1. did the collector respond to your written request for validation at all? If so, what, if anything, was provided to you in response to your request?

2. what was the continued contact concerning?. The FDCPA does allow contact for certain defined reasons.

3. as with 1.; what, if anything, did the collector provide in response to a request for validation?

 

[TigerD]

"Counterclaim", for what? For the purported debt? Does federal court even have jurisdiction? While there can be supplemental jurisdiction for issues relating to the same transaction or occurrence, I don't see how the underlying facts of the debt would fall under the claim for violation of federal law. I agree with all the other points, but am unsure of the counterclaim.

Imprecise of me, but I didn't think it would matter to the OP.

Attorney fees and costs.

DC

 

[Willlyjo]

1. Willjo has no clue.
2. District Court implies that the collection agency removed the case to federal district court.
3. If the OP does not know what he is doing -- and he doesn't -- federal court is not where you want to be.
4. Watch for the counterclaim
5. You cannot introduce settlement negotiations as evidence.

You were not offered money because of their "obvious" guilt but rather because they were going to spend more than that defending. Now that it is removed to federal court -- you are about to have your backside handed to you.

DC

You're just as ignorant as ever. District Court can also imply Ca. Superior Court N. Judicial District (for example). I've litigated in Federal Court and it was remanded back to Superior Court where my case began!

So what makes you think that this case wasn't removed to Superior Court? If the collection agency were a franchise (for instance) it could very well be that California statute was breached and Superior Court is the proper venue to continue such litigation before it could possibly be removed to the Federal Court.

What counterclaim and who is disputing the fact that settlement negotiations are priviledged?

As far as the OP having his backside handed to him, with a bit of research concerning rules of court and presenting evidence and proper pleading, the OP may very well be able to prevail since it seems obvious that the collection agency DID breach his rights.

If the OP is intelligent enough to research and present the issues as evident in his post, he certainly has the intelligence to handle his own litigation even on the Federal level (if, in fact, that is where his case ends up).

 

[tranquility]

You're just as ignorant as ever. District Court can also imply Ca. Superior Court N. Judicial District (for example). I've litigated in Federal Court and it was remanded back to Superior Court where my case began!

So what makes you think that this case wasn't removed to Superior Court? If the collection agency were a franchise (for instance) it could very well be that California statute was breached and Superior Court is the proper venue to continue such litigation before it could possibly be removed to the Federal Court.

What counterclaim and who is disputing the fact that settlement negotiations are priviledged?

Why was it remanded? But, it doesn't really matter here, the OP was quoting law having to do with a federal question so it will not be remanded. (Although state court certainly would have concurrent jurisdiction.)

 

[Willlyjo]

Imprecise of me, but I didn't think it would matter to the OP.

Attorney fees and costs.

DC

Nice response!

 

[Silverplum]

"Easy Case for an Attorey."

Then your attorney shouldn't cost much.