New Post/Thread Notification: ASK AN ATTORNEY

Hello,

Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=700

Here is the message that has just been posted:
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Well, I'm not about to get upset with him for asking the opinion of one of our resident attorneys. After all, that is what this forum is for. If our resident attorneys feel that there is some reason his post should not be here then in most cases I leave that decision to them. This is their forum and they can pretty well react, answer or not answer as they see fit.

Be that as it may, there are some strategies that attorneys simply won't use or can't use that are successful. I'm currently working on one here in Oklahoma trying to get a collection agency nailed for unauthorized practice of law and their attorney nailed for aiding and abetting them. I'd have no problem getting that job done in many states because I have a lot of case law covering this particular situation. In California, Florida, Texas and Michigan these birds would be dead meat legally speaking. In Oklahoma I can at least attempt to get the attorney nailed because he can't aid another in the unlawful practice of law here but the problem is going to be to find some Oklahoma or even 10th circuit case law to nail the debt collector with. Haven't had any luck with that yet. I may just have to have the student file the counter suit and see what happens when the judge rules on it.

I really don't like that option either because of course I don't know how the judge will rule if he don't have local case law to go by. The only hope I have is that I happen to know that the judge is a fair fellow and leans over backwards to do all he can to give pro se litigants the benefit of the doubt. I've seen him spend an unusual amount of time explaining to pro se litigants what it is that they have done wrong or have not done what they should have done. Then he recommends that they get a lawyer. Only problem with that is that in every case the pro se has consulted with counsel or the plaintiff's attorney has screwed it up badly enough to scare any pro se off of attorneys.

I've got another case that is pretty badly mishandled by the plaintiff's attorney too and I'm really afraid of that one because I also know the judge in that case and that judge is a real purple people eater.
LOL

I've already told the pro se he could count on losing the case no matter what he pleads or how he goes about it. The judge is so bad that I honestly believe that although I hope I turn out to be wrong, of course.

The only thing the pro se can do in that case is to be sure he has his grounds for appeal built in and I don't think that is going to be the least bit hard to do because the plaintiff's attorney has bungled the case so badly that getting an appeal going should be no problem at all.


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