Lawsuit Dismissed~~Mean lawyer!

Anonymous · ‎10-28-2008

Hello all. Update to DHs lawsuit from Palisades Acquisitions. If you remember, we sent DV after first dunning letter, then got sued. we filed sworn denial, had to appear in court. The law firm requested new date (six months later!) to get proof of debt. They called us three days before that date to say they would dismiss if we would show up. So, I showed up (I have POA, DH out of town a lot) and they lawyer was so mean. We sat out in the hall and he seemed really mad that he had to dismiss the case. I asked him if he had ever received anything from his client regarding the debt, and he said "I don't know, I guess not, I don't have the file." I'm thinking, "What? You don't have the file and we're here in court? You don't know?" He was mad about that sworn denial too. I guess no one does that to them. HA HA

So he dismissed the case. I asked him to remove the inquiry his firm had placed on DHs credit report. He said, "I don't know anything about credit reports." I showed him a copy where his firm's hard pull appeared. He said "We do what our client tells us, and it doesn't affect you any more than anything else." I said, "Well, if your client doesn't have proof that we owe a debt, then I don't think you have permissable purpose to check his credit." He said, "You act like you know all about it. I don't know anything about that and have nothing to do with credit reports." And got up to leave.

Jerk. Anyway, it was dismissed, so that's great!

llecs · ‎10-28-2008

Congrats! Score another for the good guys.

Anonymous · ‎10-28-2008

If the inquiry is not gone within 24 hours, I would file suit against them right away.

upinflagstaff · ‎10-28-2008

Your post is awesome. I'm chuckling to myself...

I would second demed. If the inquiry is not removed (or recoded to a soft inquiry) file small claims. You already have the stack of paper that should need to win. They can't validate or prove that you owe, they definitely do not have PP.

Anonymous · ‎11-11-2008

Update and help!

I mailed CMRRR a non-PP letter to the law firm, reiterating that since they had no proof of a debt, they did not have PP to pull a hard on CR. I waited three days after they signed, then emailed the big boss of the law firm, letting him know we just wanted to have this removed, and included a copy of the last letter.

He responded to my email today saying that they have repsonded to my letter (haven't received it yet) and he would tell me what they wrote in their response, which was this:

XXXXXXX of our office has responded to Mr. XXXXXX s letter and I will respond to your e-mail. His letter and your e-mail essentially address the same issue and our response is the same. We do not agree with your interpretation of the FCRA as it applies to this case. We had a permissible purpose for pulling the report when we pulled it and subsequent developments do not change that. In light of the fact that Mr. XXXXX has made legal demands on our firm and has threatened suit against us, it is appropriate that we only deal with him from this point on. I must request that you not contact us again on his behalf.

John BXXXXX

Okay, so I guess I have to go file against them for the non-PP inquiry now? They can't deal with me? And they know I have POA (I always bring it to court), which I offered to fax to them if needed. Does that make a difference? (DH is only home on weekends.) So I just bring to court all my documents, and say there is no PP and the judge will agree and make them take it off? Or will he say, "You're wrong. They can do what they want."

Thanks for your help!!!

Anonymous · ‎11-11-2008

There is no sure way to tell how the judge will rule. It will really depend upon how much the judge knows about FCRA. I would browse through the different opinions the FTC has published regarding this issue and take any copies of those that may help you.

I would file in the local small claims courts.

ETA: However, the FTC has issued the opinion that even if the inquiry was in error, it should remain. It doesn't mean they are not liable to you for violations of FCRA. The FTC states that FCRA clearly states that anyone who received your report is to be listed, even if they didn't have PP, the fact is that they did receive a copy of your report. I tried finding that opinion letter again and haven't had any luck, but I will look for it again later on tonite.

Message Edited by sidewinder on 11-11-2008 03:22 PM

Anonymous · ‎11-12-2008

Thanks Sidewinder. I've printed some of those pages and plan to use them. I hope I don't end up getting laughed at by the judge. "FCRA? WHAT????!!! They dismissed the lawsuit, count yourselves lucky. GET OUT!"

As far as the inquiry, I guess now I'm just mad that anyone can check your credit just because they SAY they can. Keep the stupid pull on there, then. I'll take the $1000 though!

On the BBB webpage, it gives this law firm an "unsatisfactory rating." Lots of complaints, most of them just ignored by the firm.

Message Edited by Bzzzymom on 11-12-2008 11:49 PM

Anonymous · ‎11-12-2008

What I would say to the judge is "they didn't have permissible purpose to make this inquiry visible to others because it's not a credit or insurance application - which is the only motive for making inquiries visible to others. In any case, as the courts have dismissed their claim - an undisputable fact of law, then they didn't have permissible purpose for any inquiries period".

good luck.

Anonymous · ‎11-13-2008

Would either of you be coming through Nashville any time soon??? Maybe stopping by my small claims court?

Seriously though, thanks for all the great advice.

Oh, also, if this law firm is the one who had us served for this claim, why are they saying they aren't allowed to accept the summons for the countersuit DH filed? All this legal stuff confuses me.

Message Edited by Bzzzymom on 11-13-2008 10:55 PM

Anonymous · ‎11-14-2008

Law firm = state bar complaint. They WILL answer the bar or possibly lose their privileges to practice.

Complaint grounds are that it was a frivilous suit (no documentation to back up the suit). Double check to make sure it was dismissed with prejudice (they can't refile) - even then it can't be re-filed under FDCPA, I believe. tag the violation of FCRA etc to the filing of a frivlous suit and tell what remedy you want (the $ and the recoding to soft).