Debt collector Law Suit

Hi,

I live in Pennsylvania and have a debt collector that has been harassing my family and I. This company has spoken with 3rd parties about my debt, belittled my family and I on the phone, sent people to our home, and demanded banking numbers over the phone without no receipt. In short, the company has been terrible and has imposed a great deal of stress on my family and I. The debt is for 2000 dollars.

I am going to file an arbitration complaint against them. Can anyone give me any suggestions on how to properly file the complaint? What do I need to request from this company? What do I need to write on the complaint? I am filing the complaint for punitive damages of 15k as the max you can sue for is 25k in my county without going to a higher court.

Does anyone have some steps that I can take to successfully represent myself in this case? I had hired an attorney, however the service I was being provided by her firm was less than adequate and I felt that my best interests were disregarded.

Thank you for any advice you can give!

Was the reason you were dissatisfied with her services because she felt it was unreasonable to ask for 15K in damages? What was her position on this? She provided you NO procedural advice whatsoever?

No, she provided me no advice at all. I paid the 750.00 retainer fee and I never any procedural advice. I told her how much we wanted to sue for, because there will be three people involved in the case, my Mother, Father and I therefore we would all be claiming damages as each one of us was harassed. If she would have provided me with information, I definitely would have continued her services. And actually, she wanted to file the complaint for the maximum amout and I refused as I felt we would never get that.

I'm sorry--I am trying to understand what you are saying. She provided no advice, but then you say she wanted to file the complaint for the maximum and you refused? What exactly was the reason you discontinued her services? If she felt you had a case, I would pursue with another attorney since these types of agencies are bound by federal rules, laws, and restrictions. Did she return your retainer? Did you sign anything agreeing she wouldn't represent you any longer so you could hire another attorney?

Also, I am uncertain as to what you mean by arbitration complaint. Are you attempting to arbitrate with the company in question, or are you trying to sue them for damages?

Hi,

Thanks for your response. Well, we did come to a mutual agreement not to continue services. The reason was I just didn't feel she was concerned for my best interests. When she telephoned the collection agency, she asked for debt validation and they told her no and she did not demand validation. I would call her to ask questions, and I would not get a return phone call in days. Also, I was told she would file the complaint with the local courthouse, and after days I called the courts and they had no record of a complaint filed. When I would make an appointment to see her to speak about the case, she would rush me out of the office as she had other "things" to do. Really just bad service, not only from her but the firm itself. I had asked for my retainer fee be refunded, and her boss was supposed to telephone me to talk about that. He has not done so in weeks. So, I just canceled the service.

Well in Allegheny County, PA, if your damages you are claiming are under 25k, you go to civil arbitration. Basically to my understanding, I will have to file a complaint against the company, and it will be set in court for an arbitration hearing. Like I mentioned the damages I am claiming are not just for myself, but my family as well since the collection agency breached law and discussed and harassed them as well. I can't describe what we have been through. I was willing to settle the debt but they will not take any reasonable offers. Additionally, I have been told not to pay these collection agencies as they will not do anything to help your credit and they will just take the payment and they still may bother you as there is no record of payment. They said they would not provide me with any written receipt, they said if I paid they would send me an email. That sounded crazy to me.

Thanks.

Ok, got it. Let me preface my statements by stating that while I am from PA originally and am familiar with some of their laws, my specialization is in criminal law---so take everything I am telling you to a local attorney for verification of accuracy.


But my question is still about the "arbitration" part. The word arbitration implies two parties working together to achieve a mutually satisfactory agreement. Yet, the problem in this situation isn't really about the debt owed, is it? Isn't it about the harassment? They don't have anything with which to 'arbitrate'---you say they are committing a crime, harassing you, I don't understand how (criminal) harassment can be an element of arbitration (civil). Just out of curiosity, who told you that you had to go into arbitration and couldn't simply issue a lawsuit? What law was this stemming from?

Basically, three attorneys that I consulted with told me to go file a complaint and the case would be taken in front of a board of arbitrators. To my understanding, it's only going to civil arbitration because I am asking for less than 25k, and a complaint in front of a board of arbitrators is supposed to be the most efficient method in this matter in order to get a judgment for the amount being sued against them.

Maybe if I was asking for more in damages it would have to be done differently? Thanks for your replys.