I was really surprised when I just got a client's complaint filed in district court.

Apparently the attorney uses a template for the complaints just like the CRAs use for their answers.

All they change is the clients name, and the date when the disputes started, and the names of the creditors/collectors.

Everything else is just general phrases, page after page.

I guess the idea is to not let the defendants know what it is you have on them and to then settle.

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This is common practice, Christine. For complaints, answers, wills, promissory notes, etc. They just change the facts to suit the particular situation (and sometimes they don't even bother taking out items that don't apply...lol)


L

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I obviously use templates too, but my question really is whether this is the strategy for big law firms.

Your complaint was VERY specific, anyone can read it and know what happened. All you know when you read their complaint is which code sections were violated, and who sues who.

Do they make it look like they got more that they really have in terms of violations and damages? Does that work because they're a big firm with a good reputation?

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I would like to see more about this as well.

Would it benefit us as consumers to file using the mumbo jumbo forms that real attorneys use, or does it benefit us more to use plain language?

Christine, will you be posting the gist of the form you found? I'd like to see it.

(getting prepared for many battles after ch7 discharge)...


PAE

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I don't think I can post the complaint, don't think my client's attorney would appreciate that. But, I definitely will find some complaints to post, or maybe I'll post a few bits and pieces - it is quite long.

And as far as using it as a Pro Se - that's almost impossible.

How many times can you say "I don't know" or "I don't *think* so ..." and still be sincere? If you're talking about your own business negations are really difficult.

As I've been calling collectors on legitimate debts for my clients, there are so many times when I say "I don't know - I just know you reported ... and you violated ...."

I also just paid $250 for someone else to do my credit disputes. I'm getting ready to sue and I much rather have someone else deal with this. And, I WILL have damages. I'm done working for free.

Here's a couple real gruesome suits: http://forum.creditcourt.com/cgi-bin/discus/discus.pl Read Baker vs. Compass Bank, wouldn't be surprised to get hit with their legal fees. That new forum isn't linked yet, almost ready.

I really need an attorney, but I can't find one that will let me publish and confer with me on the filings. As Whyspers posted, it's summer time and they're all real busy.

I've had enough feedback to know that CRAs and creditors/collectors have NO problem writing checks for many thousands of dollars when you got an attorney, and Pro Ses are offered as little as $100, if anything - especially in small claims.

Did you read my TU attorney correspondence? Real eduational. I'm still surprised they spent that much time on me.

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I read that thread and it looks like the attorney for the defendant is in with the judges, they had your case dismissed on pure procedural grounds and took advantage of you in moving the case to Justice court.

Had I been you I may have responded by requesting the case be moved to federal district court and upping my damages.....

two can play lawyer games.


Lesson: Make sure you know the civil procedure before you file. read it, study it, know it because you can be damn sure the defendant will.


Just my humble opinion.

PAE

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"Had I been you I may have responded by requesting the case be moved to federal district court and upping my damages..... "

I don't think such a motion exists. Is there ANY State where you can move a state case to federal court?

The lesson is that who has the most $$$ (for good attorneys) and "influence" wins. And, that consumer laws are ignored by judges.

By the way, the case was NOT dimissed on precedural grounds. Judge Taylor failed to state WHY he dismissed the case.

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"I don't think such a motion exists. Is there ANY State where you can move a state case to federal court?"

Wasn't sure about that, How is it that defendants are able to have the case moved?

"By the way, the case was NOT dimissed on precedural grounds. Judge Taylor failed to state WHY he dismissed the case."

Sounds like the good ole boy network...

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I think it says right on the scanned small claims form that they can transfer the case to justice court.

The purpose of this legislation is to ensure that AZ corporations can have their lawyers squash consumers' small claims complaints. AZ is not a very consumer friendly state.

Those are AZ rules. I usually dismiss my small claims cases just before the hearing if I can't settle, WITHOUT prejudice, and then I can refile anywhere I want. I think.

The purpose of my Compass Bank suit changed after the first motion to dismiss, from simply wanting my adverse action letter to creating some awareness by publishing everything. Note that I gave them the URL to my TU suit in my objection, they know who I am and what I do.

I'd like to get Judge Taylor fired and file a complaint with the State Bar against attorney Brooks. But first I need to know 100% that I am entitled to the adverse action letter and Compass Bank is NOT exempt from the FCRA.

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OOOPS - just noticed that this is totally of topic here - sorry!

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Either party can move to have to case bumped up to federal court. Not sure what its called and not sure of the procedure though. You know...let me qualify this...someone emailed me privately about their case being bumped to federal court. They didn't want that to happen and I believe spoke with the court clerk who told them either part could move to have it heard in federal court. Seems to me though, that in a case where the plaintiff wanted the case heard in U.S. District Court, they would have to file in that court. I just don't know. Maybe if any of you guys look into it, you could post what you find.

As far as the complaint, Christine...mine was specific to a degree, but it is also template. I used quite a bit of template in that complaint...pulled some of it from an FTC complaint and some from complaints that one of our attorneys gave me to mark up. In some situations, though...like a CRA being sued...there aren't many things that would change so you would expect most of them to be standard answers. Only the numbering would change to correspond to the paragraph in the complaint.


L

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