Acarta sent me an offer of judgment for $1,001 + unpaid court costs for the single counter claim related to interest charges currently part of this case. Judge Jantzen DENIED my motion for leave to amend my counterclaims to include additional FDCPA violations and to join the attorneys.
I finally decided to accept the offer of judgment and Brian Partridge with the Law Office of James R. Vaughan P.C. responded that they wanted to settle the entire case including my claims against all parties involved in the litigation (the attorneys and possible Turtle Creek and its reps) for the dismissal of THEIR claim (the Chase account).
That’s like offering me NOTHING. So here is my response:
You know that Acarta’s claim is time barred because I had no written agreement with Chase and I am certain that I will eventually prevail despite judge Jantzen’s unwillingness to consider the facts and the law. I’ve prevailed on appeal once and I’m willing to take this case wherever it needs to go to ensure that judge Jantzen knows how to rule in the future.
You are essentially offering me NOTHING.
I also feel that I am morally obligated to continue this litigation. The CFPB is working on FDCPA amendments and I’d like to see specific remedies for consumers like me who have to spend years in court defending themselves against debt buyers without the assistance of an attorney. Most consumers cannot afford to retain attorneys to represent them against debt buyers and the subsequent damages to consumers should result in minimum statutory FDCPA damages PER violation. The CFPB and legislators need to know what’s going on in the courts.
How many times have you and the other attorneys misrepresented the alleged debt? How many times have you taken actions not permissible under the FDCPA? I plan to compile a listing for review by regulators and legislators as they need to know how consumers are being railroaded in local kangaroo courts.
You believe that I don’t deserve to get paid for my work, mental anguish and stress. Obviously, I disagree and I’m willing to continue this litigation and to file a new lawsuit against Acarta and its representatives.
I would have accepted your proposed settlement shortly after I filed my answer. Look at the attorneys fees Acarta was awarded BEFORE the appeal and consider the total to date. Add to that my damages for mental anguish and stress.
Everybody has a price and my price is substantially more than NOTHING.
I am absolutely certain that I will prevail eventually on Acarta’s claim and I’ll file a new lawsuit against Acarta and its representatives for the additional FDCPA claims. Nobody steals 2.5 years of my life without paying for it and it’s not all about money.
We need a MUCH stronger FDCPA with much higher statutory damages. So many consumers get sued for these time barred debt by debt buyers who don’t even have admissible evidence and there are NO attorneys taking these cases on contingency.
It’s time for some serious changes to the FDCPA.
I’ll post the recent filings and proposed settlement agreement once I catch up with my gardens (we have a small organic farm.)