Re: Why Doesn't Someone Nail CAMCO?

Posted by lucy (199.183.30.193) on August 21, 2002 at 02:53:10:

In Reply to: Re: Why Doesn't Someone Nail CAMCO? posted by poor lawyer on August 20, 2002 at 17:21:36:

Thanks again poor lawyer for a good working summary of what's what.

To address the question, though, many MANY of us are in a weak position to cross complain because so much of the carnage attending communication with CAMCO is principally verbal. He said. I answered. I said, he answered. They in all likelihood have taped material to review because of business exceptions. You, if you have read the material on the site addressing this subject. That is an enormous advantage, because too often people hear something that wasn't said -- for example, sending the Sheriff to take me to jail, when what they said was they are sending the Sheriff to serve Summons & Complaint.

Two other relevant issues are:

1 -- It takes an enormous amount of TIME to prepare even the simplest lawsuits.

2 -- CAMCO has lawyers on retainer. Defendants are scrambling to find TRIAL lawyers, and they are hard to find. Because:

2.a There is NO money owed to defendant if CAMCO loses a case or two here or there even when defendant does not have counsel.

So who pays the legal counsel for a professional defense?

DEFENDANT, out of pocket. A winning defendant in one of the cases summarized at the link scott posted could not even get his or her filing fees when judgment went again the CA. I bring up that depressing tidbit, just in case anyone wonders why no lawyers are being a path to their door to take the case "on contingency."

There is no contingency.

Contingency applies to a suit YOU file against CAMCO. Your max award is liable to be either zero bucks or $1200 in the action.

So back to who pays: who pays the lawyer, who pays the filing fees?

Oh, what you really meant was you want a pro bono attorney? IF you have a nice, orderly case, you just might find one. I am certainly looking myself, because I do not want the SOL to run on my option to sue CAMCO without giving it the old college try. But you will have to look. Most people simply don't have that kind of TIME.

2.b VERY FEW victims of this flagrant abuse of the court system will ever file a cross complaint or a complaint of their own. Win, or lose, very few will DO that. They just want to be left alone to live in peace and quiet, which was the reason FDCPA was passed in the first place. And they will be. For awhile. Then the BAD DEBT resurfaces in the hands of CAMCO or some other bottom feeder.

2.c MORE THAN A FEW of suits and cross-complaints filed against CAMCO will be flawed, and those flaws will be deadly.

As stated before, the real damage being done is eroding faith in the laws governing all 50 states.

As one lawyer put it, there are many BARRIERS to suing the CAs, either individually or in class action.

I believe the suit being prepared regarding the hard inquiry on credit reports will be a winner, but I also believe the CLASS of people CAMCO has targeted in this manner will be minuscule compared to the CLASS of people the organization sues or threatens to sue.

What I do know is that if and when I am sued by CAMCO, I will wind up in jail for contempt of court.

Because hell will freeze over before I will voluntarily pay a penny to an organization that sends what they say is a "settlement agreement" with or without a caveat regarding "intent to sue" via the junk mail circuit and then holds me accountable because I failed to dispute the debt "properly."

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