ADR Question

[Anonymous]

For the pros Here is the background summary

Motion filed in April, Summary judgment hearing back in July...this was the 3rd CA collecting for the latest CA that purchased the account.

At the hearing, I didn't spell it out enough they had "purchased" the account (it was noted in my response to their motion)...but did dispute amount due...Judge granted "partially" in their favor...we are scheduled for trial in April to determine the amount due.

A few months ago I received an offer of $1500 from this 3rd CA, (they are seeking $2441 & climbing; original debt was $1,328).  After researching on internet, found they most likely pd $13.28 for the account (5.5 yrs. old) so I counter-offered $900 (still a profit for them) and requested deletion of dual reporting to EQ of same acct, as well as reporting "paid in full" (have tried for 2 years to get corrected, completely unsuccessful).  

No response received.  I recently wrote the Judge since I'm representing myself...the response was trial date still remains, but "if not completed, the parties need to undergo ADR (mediation) as ordered.  My question for anyone is this...since they are suing me, do I need to initiate the ADR?  I would think they are the ones that need to initiate, and if they don't, do I not win by DEFAULT on their end?

2nd question - I would like to sue them for violation (reporting dual account), they continue to do it monthly so I believe I have one year from any given month...is it Federal Court since they are located in a different state than me, or can I use Small Claims/Conciliation Court?

Yes, I care VERY much about clearing my credit, however, they brought the action against me..

Thanks for your help!!

[Anonymous]

mediation is either usually 'ordered' or 'strongly recommended' by a judge (and it can also be a provision of any contract) by the court - all you need to do is say yes to it if recommended.

Have you filed a countersuit for any violations?  File for the max amount (it can always be lowered but the amount you put down can never be raised).  In the counter suit you basically cite the violation w/ date and the corresponding code.

Start documenting the violations.- civil is 'preponderance' of evidence - so you just have to tip the scale to your side not prove it without a doubt as in criminal.

On your countersuit you will probably get interogatories and a discovery motion - comply with them and answer timely.

Have you filed a discovery motion on them?  What about interogatories?

BTW, interogatories are questions you would like answered.

What is the SOL (everyone, even attorneys, seem to forget about this one)?

Since you are going to court, I would suggest contacting a consumer attorney for a free consultation.  Take notes when you meet.

[Anonymous]

Thank you for the info Lady...we already did all the responses to Interrogatories, etc.  All of this had been submitted and the court calendar of different dates was scheduled.  A month after that, the CA decided to file a summary judgment motion (I think to end it sooner than a year later), so that's how I ended up at this point.

I have not yet filed counterclaim, but I was told I had to do it separately, I couldn't do it during this case or attach it...so that being said, it was ordered we try mediation - again I don't know at this point if the "offer and counter-offer" mean we tried, but I figure they should be the one to initiate anything further prior to the trial...

SOL is 6 years, my first missed payment was 9/2002

I also wasn't sure which court I had to file a counter-claim with for the violation.

PS - yes, I did talk to a lawyer who said just pay it...sorry but for me some of it's the principal of the matter! 

Message Edited by beach123 on 11-28-2007 08:57 AM

[Anonymous]

File in small claims for the max - since you are suing the CA you will need to serve their registered agent in your state (if licensing is required) or their registered agent wherever they physically have offices (personally, I would serve both to be safe).  Do NOT serve the current lawyer - can claim not representing them in that matter - serve the RA.

[Anonymous]

How do I find the registered agent?  Sorry for the delay, I was away from computer for too long!  If I understand this/you correctly, even though they are NOT located in my state, I can sue (they are located in Greenville, SC)...

Thanks!

PS - The violation is duplicate reporting, of which both the bureau & the CA are doing (I have dispute letters from past two years)...so I thought I could list that violation and Financial Damage $5k plus filing fees...

Thanks again Lady!

Message Edited by beach123 on 12-06-2007 05:52 AM