Frivolous Lawsuit - Business Self Representation?

[latigo]

What is the name of your state (only U.S. law)? Ohio Any suggestions on this matter. . ?

"Suggestions" covering what?

Because rather than informing us of the nature of the plaintiff’s cause of action – specifically the allegations against the LLC of alleged tortuous conduct or whatever - you seem content with merely describing the case as “baseless” and “frivolous”, and that it stems from some mysterious “junk fax”.

You and your Ohio attorney may be in perfect agreement on this point, but you are now asking us for “suggestions” and without providing a scrap of useful information!

Furthermore, if the complaint is so groundless in law as you so vehemently charge, it shouldn’t cost $15K in an attorney’s time to bring it down with a motion to dismiss.

The fact that it hasn’t been dismissed and your attorney is asking for a healthy retainer equivalent to something like 50 hours of professional services, leads one to suspect that there is a hell of lot more substance to the plaintiff’s case than you will admit.

Also I would be interested in knowing with you residing in Illinois how you claim to be so familiar with Ohio’s Rules of Civil Procedure and Court Rules as to be in a position to criticize the Ohio judiciary for failing to adhere to those rules!

You’ve either spent a great deal of time and money litigating before the Ohio courts or you are flavoring your narrative with your own brand of groundless assertions.

 

[Tania123]

I agree, I do not understand since plaintiff has NOTHING, why this has not been dismissed yet. All that has happened, is what is called a "case management" hearing. the plaintiff did not show up the first time, and the judge said that the case would be dismissed if they did not show up a second time.

so the "Case management" conference was set, which my attorney told me at that hearing, is where they get a status of things.. HMMM...

Being the my attorney was banking on this guy not showing up, my gut tells me he was un prepared. Because I agree, why is this getting so far based on NOTHING!!

After the other side showed up for the case management hearing, that is when my attorney asked for the $15K to litigate.

Since there is no evidence, maybe it it would go away after we got through discovery.

I think I may need to find another attorney who can litigate this for less then that amount, since the claims are baseless, (have not seen any evidence of anything, and this guys MO), I doubt the attorney would actually use the full $15K retainer.

From what I hearing, since I am talking to attornies, they are saying how I have to be careful about "fee shifting". How these cases, how more to do with who is going to cover attorney fees, more than anything else, like evidence, etc.

At any rate, where things stand now, the plaintiff showed up for the case management meeting, and now there is a schedule for when motions are due, expert witnesses, etc..

Really, nothing has been done yet, other then the other side, two days after filing the case, sending me "interrogatories" which he was not supposed to do since i have 30 days to respond, blah blah blah.

Yeah, he is asking for a class action, which in OHIO, he is claiming, (falsely) that I sent at least 41 faxes, (so he could get the status) and he claims that through discovery he will prove that.

That is why he sent out these boiler plate interrogatories, trying to get me to admit this and that, asking me all this information, for which I answered, NA does not apply because I do not send out faxes, period.

This is such a joke.

But I guess a real problem for me.

 

[Tania123]

Dear Lattigo,

You have absolutely no idea what you are talking about. based on the complaint, that is what the attornies are charging.

The plaintiff used some boiler plate template, in which he threw in every telephonic law under the sun. The complaint must be at least 50 pages.

Its baseless, because I did NONE of it, and when I asked my attorney, "what is all this?" they said, "oh, this is standard.. they are just throwing everything in there" obviously fishing.

Please do not comment on things you know nothing about. I am basing my writings on experience, you appear to just be flapping your gums.

I explained what this is about. Plaintiff is claiming I sent a fax... He is doing phishing scheme to see if I sent more, blah blah blah. Plaintiff files under the same plaintiff name, day in and day out, at the same court house, and 95% of his "wins" are default judgements.

I am fighting this because I think its ridiculous. Litigation is expensive.. They are not the only ones that came up with $15K. This attorney I have, asked for a small retainer, as they said "usually this guy, its a 50/50 chance that he shows up, depends on what he has going on that day"

Yeah I know, its sounds ridiculous, because it is.. But this is our legal system.

 

[Tania123]

Dear Lattigo,

You have absolutely no idea what you are talking about. based on the complaint, that is what the attornies are charging.

The plaintiff used some boiler plate template, in which he threw in every telephonic law under the sun. The complaint must be at least 50 pages.

Its baseless, because I did NONE of it, and when I asked my attorney, "what is all this?" they said, "oh, this is standard.. they are just throwing everything in there" obviously fishing.

Please do not comment on things you know nothing about. I am basing my writings on experience, you appear to just be flapping your gums.

I explained what this is about. Plaintiff is claiming I sent a fax... He is doing phishing scheme to see if I sent more, blah blah blah. Plaintiff files under the same plaintiff name, day in and day out, at the same court house, and 95% of his "wins" are default judgements.

I am fighting this because I think its ridiculous. Litigation is expensive.. They are not the only ones that came up with $15K. This attorney I have, asked for a small retainer, as they said "usually this guy, its a 50/50 chance that he shows up, depends on what he has going on that day"

Yeah I know, its sounds ridiculous, because it is.. But this is our legal system.

 

[justalayman]

Tania123;2552191]I agree, I do not understand since plaintiff has NOTHING, why this has not been dismissed yet.

there are only two possibilities:

1. nobody has filed for a dismissal
2. there is enough evidence to deny the dismissal based on lack of evidence

Being the my attorney was banking on this guy not showing up, my gut tells me he was un prepared. Because I agree, why is this getting so far based on NOTHING!!

that's something you should be asking the attorney

Since there is no evidence, maybe it it would go away after we got through discovery.

not unless proper motions are made. The courts aren't going to do your work for you.

From what I hearing, since I am talking to attornies, they are saying how I have to be careful about "fee shifting". How these cases, how more to do with who is going to cover attorney fees, more than anything else, like evidence, etc.

Huh? How about dealing with the case on the facts of the case. Fee shifting? Sounds like you are talking about one side seeking legal fees from the other side. It can change either parties costs but is totally dependent on who wins.

Yeah, he is asking for a class action, which in OHIO, he is claiming, (falsely) that I sent at least 41 faxes, (so he could get the status) and he claims that through discovery he will prove that.

Class action isn;t based on how many times you have done this, it is based on you doing it to multiple people so to make the claim, there has to be other people that become co-plaintiffs.

That is why he sent out these boiler plate interrogatories, trying to get me to admit this and that, asking me all this information, for which I answered, NA does not apply because I do not send out faxes, period.

well, if you don't send out faxes, he obviously cannot have one as evidence of the crime, let alone 41 other people. Doesn't sound like it will be any problem making this go away.

If you are so confident he has no proof of his claim, sure seems like you would be looking into a counter action.

 

[Tania123]

thanks everyone for your posts.. I am going to study these, and try to figure out next steps.. My attorney keeps talking about filing for dismissal, and I am not fully aware of what happened at the "Case management" conference. They keep saying how the "Case Management" is not a hearing, she said the purpose is to inform the court briefly about the case and to schedule dates for management of the case..

thats what she said. so if I were to give them the $15K, I guess they would move for dismissal.

If the plaintiff did now show up for the case management hearing, (which he didnt initially, ) then the case would be dismissed.

now, attorney has me filling out an affidavit, since they have no jurisdiction over me, and is trying to get the case dismissed based on that..

But after that, the need $15K to go further.

so I guess the opportunity for dismissal has not presented itself yet. I can not imagine it actually costing $15K to dismiss this. I wish they could come up with another retainer number.. I guess I will ahve to find another attorney, or just give up. I first have to find out if a default judgement can even touch me since I am not even in that state. I guess that why he gets so many default judgements?

 

[Tania123]

BTW, i am definitely looking into counter action, but I was told that sanctions are ridiculously expensive, (another $15K) and really all I can do besides the sanctions, is getting my attornies fees back.

I am very confident, but still feel queasy about giving my attorney $15K. My savings, for this? only for it to drag out forever? This all started back in January, and here we are in May..

I have so little faith in the legal system.. I have total faith in myself, and that I am innocent. Why is it that they got so many other small business owners? why is it that he has so many default judgements?

 

[justalayman]

have you asked the attorney for a rough number for costs to file for dismissal with the intent that if the dismissal fails you will simply default?

 

[musze007]

have you asked the attorney for a rough number for costs to file for dismissal with the intent that if the dismissal fails you will simply default?

this is interesting case

 

[Rexlan]

rex whatever,
"Additionally you apparently wanted to hide behind and enjoy the protections of an LLC and now complain because that has come full circle"

This statement is just idiotic. LLC or corporation status, is just the difference between personal and business, nothing more or less.. Your statement is idiotic, and just plane senseless.

I have a real career, family, etcl that mean more to me. This guy, this is all he does, and all he has, and its not even worth it. Seems stupid to me.

This makes you sound like a Waco with a computer selling "things" on ebay thinking all the while they are a professional business person.

I would be careful about doing "background checks" on folks without a legitimate reason to do so .... that too may come full circle.

 

[Tania123]

Anyone who puts themself out there as a professional, KNOWS that back ground checks are going to be conducted. I advise my clients all the time, to check out my credentials, (with department of professional regulation)

Attornies and doctors, I would imagine, fall under the same "legit" reason.

I received a extortion letter from this attorney. Naturally, I checked out his credentials, records for complaints, etc.. bammo, found out that he was not a person of integrity of good caliber.

Because of this great legal system of ours, people, like him, can actually make a living filing frivolous lawsuits, getting default judgements, and then they can either try to collect, or they have an asset on the books and sell the lien to someone for a fraction of the amount. (hey its better than nothing)

Not really a noble way to make a living, but a living nonetheless.

Its in my human nature to fight, but now I am beginnign to understand why most businesses do not even bother.

Based on the complaint, attornies want $15K up front, and that does not make sense at all.

You are right.. I have the advantages of being an LLC. Maybe it just makes sense that I continue to run my business, rather then spending time and energy on this nonesense, since its going to be nearly impossible for this guy to collect anyway.

I really do not understand your whole e-bay internet business comparison, but whatever..

 

[Tania123]

And to everyone else with such helpful information, thank you. I reading up on the different defenses, and will pose some strategies with my attorney while they still are my attornies.

I agree, this whole case is kind of interesting. I learned so much about how useless our legal system is. Before I suspected as much, but now, after going through this, and finding out how this guy legally makes a living out of fraud and extortion, and the only way to for ME to fight is come up with $15K just to get my attornies fees back, and possible sanctions, (which is up to the judge.. My attorney said they would more than likely grant the sanctions since he knows the judge and he knows the judge hates this guy, and his clogging up files, blah blah blah) But I would have to come up with that money up front, just to POSSIBLY get it back?

If I could litigate the case myself, I would. But since I cant, and never have done business in OHIO, never will, I am thinking (not sure) that like 95% of all the other businesses, this judgement will not mean anything.

maybe in my old age, if I am so inclined and have some time, I will dig up a bunch of his old victims, and file something to get him disbarred. I was told there was strength in numbers in making this happen.

 

[tranquility]

Why did you get chosen for this attorney's "fraud and extortion"? He didn't sue me or any of my clients. Why you?

 

[>Charlotte<]

Just for the sake of argument--there is a third possibility. Which is, you actually did send that fax but you're sticking to your "I'm innocent" defense here because you want to know how this is all going to play out. If that's the case, this is not a "frivolous" suit. Junk faxes are a real problem for me, and when you add every other office in the country to the list I can't even imagine the total cost of wasted toner and paper these jerks are responsible for.

The Junk Fax Prevention Act exists for a reason, and it's a darned good reason. Somebody has to prosecute the scofflaws or the law is useless. If somebody wants to make a living finding these weasels and taking their money, more power to them. If you do not send and have not sent junk faxes, there will be no telephone or fax records to provide evidence that you have.

 

[justalayman]

Just for the sake of argument--there is a third possibility. Which is, you actually did send that fax but you're sticking to your "I'm innocent" defense here because you want to know how this is all going to play out. If that's the case, this is not a "frivolous" suit. Junk faxes are a real problem for me, and when you add every other office in the country to the list I can't even imagine the total cost of wasted toner and paper these jerks are responsible for.

The Junk Fax Prevention Act exists for a reason, and it's a darned good reason. Somebody has to prosecute the scofflaws or the law is useless. If somebody wants to make a living finding these weasels and taking their money, more power to them. If you do not send and have not sent junk faxes, there will be no telephone or fax records to provide evidence that you have.

Everything this guy has said supports the fact there were in fact fax's sent. If there were no fax's, this thing would go away quickly. The fact the OP is stating the attorney is seeking class action status pretty much supports the fact there are multiple violations of the law. An attorney isn't going to be able to pull at least 41 fax's out of his rear so the logical conclusion is he did in fact send fax's in violation of the law.