Pro-se wages

Lecasbas · 09-10-2007, 06:46 PM

I have been involved in defending myself from JDB's for around a year now and have expended hugh amounts of my personal time doing research, filing and resisting motions, and appearing in court totally pro se. The tide is starting to turn in my direction and I'd like compensation for my escruating effort .

The FDCPA allows statuatory damages of $1000 per action regardless of how many violations the JDB committed. By the time the Defendant may get a judgment of $1000 he has put forth many more days of his valuable time. The upside of this is that the JDB will have applied more of his time too...well, still not good enough for me.

Does anyone know how to sue for "pro-se" wages? I don't have any actual damages...just my personal time and minimal expenses.

Pale Rider · 09-10-2007, 07:18 PM

You should be able to recover court costs, printing/copying, etc. I can't remember anyone ever getting an award similar to lawyer fees for pro se though. Maybe someone has a case that will help you. What state are you dealing with, or is it in federal?

Lecasbas · 09-10-2007, 07:54 PM

Original post by: Pale Rider

Quote:

What state are you dealing with, or is it in federal?

Iowa. I've been told that I would be better served if I moved into federal court.

Here we go, though...I have to learn new rules and procedures. But, no pain, no gain, right?

What I need is a place to start that will get me going in the right direction.

What about Intentional Infliction of Emotional Distress?

Lucy · 09-10-2007, 08:06 PM

It's been a few months but I remember RubyRuby27 asking something along these lines. Do a search of threads by her and maybe it will pop up or perhaps she'll chime in and tell you what became of it.

rubyruby27 · 09-10-2007, 08:08 PM

Its not usually done (99.9), I have only found a couple of cases where pro se's were allowed any money.

When you ask for anything make sure you do it under inherent powers--the courts can do anything they want--there is case law that says you have a right to be made whole. So missed work, whatever and cost can be asked for --whether you get it or not is another thing.

google for pro se fee's-inherent powers- you will have to read a lot to see how to ask.

Start with the going to HALTS site I think its ARI - Safety Products for the Utility Industry. there is an amicus brief concerning pre see fee's.

Lecasbas · 09-10-2007, 08:28 PM

I'll take a look and probably be back with some more questions. If anyone in the meantime has any more suggestions as to what other type of damages I can ask for I will certainly chase down the leads.

Thank you.

Pale Rider · 09-10-2007, 09:51 PM

Quote:

Originally Posted by Lecasbas

Iowa. I've been told that I would be better served if I moved into federal court.

Here we go, though...I have to learn new rules and procedures. But, no pain, no gain, right?

What I need is a place to start that will get me going in the right direction.

What about Intentional Infliction of Emotional Distress?

Well, I would say if you are not prepared for federal, it would not be in your best interest. Also, you have to look at your state statutes and remedies and see if they are better than federal or non-existent. Some states have much better damages, so it would not be the best idea to go to federal in my opinion.

You can claim emotional distress or whatever else. Just be prepared to back it up. Do you have a doctors note or witnesses?

Pale Rider · 09-10-2007, 10:30 PM

Attorney fees are not a right, but up to courts discretion

http://www.judicial.state.ia.us/cour...0627/7-339.pdf

but federal courts have denied fees to pro se litigants (another reason not to go federal)

"Attorney's Fees" Defined & Explained

Couldn't find anything more specific for Iowa.

Pale Rider · 09-10-2007, 10:41 PM

Here are some items you may be able to recover for

FAST NXT 4

625.22 Attorney's fees — costs.
When judgment is recovered upon a written contract containing an agreement to pay an attorney's fee, the court shall allow and tax as a part of the costs a reasonable attorney's fee to be determined by the court.
In an action against the maker to recover payment on a dishonored check or draft, as defined in section 554.3104 , the plaintiff, if successful, may recover, in addition to all other costs or surcharges provided by law, all court costs incurred, including a reasonable attorney's fee, or an individual's cost of processing a small claims recovery such as lost time and transportation costs from the maker of the check or draft. However, lost time and transportation costs of an assignee shall not be awarded under section 631.14 to a person who in the regular course of business takes assignments of instruments or accounts pursuant to chapter 539 . Only actual out–of–pocket expenses incurred in obtaining the small claim recovery may be awarded to the assignee. Any additional charges shall be determined by the court. If the defendant is successful in the action and the court determines the action was frivolous, the court may award the defendant reasonable attorney's fees.
[C97, §3869; C24, 27, 31, 35, 39, § 11644; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §625.22]
84 Acts, ch 1217, §2; 87 Acts, ch 137, §2

rubyruby27 · 09-10-2007, 11:33 PM

What I wrote was not what is on my thread, I have no idea what that is.

If you ask for compensation for your time the best way to ask for it is under inherent powers. I found only case where a non attorney pro se was awarded any money, I understand there are a couple but I don't have them.

If you were awarded anything I am sure it would be appealed. Are you willing to go that far?

Look for my threads under search menu and pro se fee's.

You can ask for emotional distress, pain and suffering, humilation, etc. But to get paid for the hours you defended yourself or filed to protect yourself you will have to get the Judge to see what they did was willful, malicious and you should be awarded enough money to make you whole. It won't be easy and odds are you will lose but should you try either way your help paving the way for others.

go to the Halt ( Halt.org) site and look at the Pickholtz v Rainbow Technology--it will have case law in it. Read those and the ones they refer you to read them all.

go to the law library and ask them for the guidelines to attorney fees. I think its called Lodestar

Lecasbas · 09-11-2007, 10:48 AM

I am determined to follow through on my quest to extract money from the pockets of the JDB's for 2 reasons. I have lost quality time with my wife and kids - something no amount of money can replace - and these JDB's are obnoxious greedy snakes who prey upon the helpless poor who have no idea how to defend themselves. Those of us who can should make an effort to do something about this inequity.

At the present I have to submit a motion to the Court by thursday to hopefully convince her to finally dismiss an action in which she has given too many continuance to the CA for the reason of coming up with an assignment for its claim against yours truly.

Which brings up another question...what about judges? I understand that they themselves cannot be sued but surely there must be something a person can do if their actions can be proven to be impartial?

Anyway, please feel free to add any information that may help me. I will read the post and research the leads. I will, however, be a little distracted by this motion I need to submit by Thursday.

roybean · 09-11-2007, 12:32 PM

Quote:

Originally Posted by Lecasbas

I am determined to follow through on my quest to extract money from the pockets of the JDB's for 2 reasons. I have lost quality time with my wife and kids - something no amount of money can replace - and these JDB's are obnoxious greedy snakes who prey upon the helpless poor who have no idea how to defend themselves. Those of us who can should make an effort to do something about this inequity.

At the present I have to submit a motion to the Court by thursday to hopefully convince her to finally dismiss an action in which she has given too many continuance to the CA for the reason of coming up with an assignment for its claim against yours truly.

Which brings up another question...what about judges? I understand that they themselves cannot be sued but surely there must be something a person can do if their actions can be proven to be impartial?

Anyway, please feel free to add any information that may help me. I will read the post and research the leads. I will, however, be a little distracted by this motion I need to submit by Thursday.

How are the judges in your cases?

hannah · 09-11-2007, 01:11 PM

WV doesn't allow pro se attorneys fees in state court. Recent decision attached. You may want to read it and approach your request from another angle.

Lecasbas · 09-11-2007, 01:13 PM

Original post by: Roybean

Quote:

How are the judges in your cases?

Well...where shall I start? To begin with, most of the ones I have experienced have an antipathy for pro ser's. In one of my cases in district court during a conservatorship for my father, a judge did write in his order that I was free to put forth any motion. But, what's the chances of getting him when I really need an impartial judge???

The problem I have at this point is that I am in small claims which is where the JDB's have a tendencey to congregate. There is one magistrate that a Defendant is stuck with unless she recuses herself. It wouldn't matter if she did because, IMHO, the next one probably carries the same attitude as most of the rest of them do.

I believe I can safely assume this predisposition due to the research I have done of the small claims cases in my county. In my research not one case was dismissed by the Court due to error by the JDB. Mostly there were default judgments, bankruptcies and trial judgements against the Defendant.

However, things may be looking up for me. I have steadfastly and respectfully demanded that the JDB come forth with assignment. She did dismiss, without prejudice, one of the actions. Regardless, she is giving another JDB continuance after continuance in an entirely different action. That JDB is told to submit his assignment yet each time at trial he does not produce. This is all documented.

It is my personal belief that I will need to move into federal court if I want some type of satisfaction. I doubt if any of the judges here would be willing to dirty up their small pond for a pro ser.

hannah · 09-11-2007, 01:24 PM

Quote:

Originally Posted by Lecasbas

Regardless, she is giving another JDB continuance after continuance in an entirely different action. That JDB is told to submit his assignment yet each time at trial he does not produce. This is all documented.

Is this an action against you? If so, MTD for failure to state a claim. Some states have what's called a "prove up" hearing. See if you can do this.

Lecasbas · 09-11-2007, 01:39 PM

Original post by: hannah

Quote:

WV doesn't allow pro se attorneys fees in state court. Recent decision attached. You may want to read it and approach your request from another angle.

Here lies the problem. For every case I could possibly come up with to support pro-se fees the JDB's could probably come up with 20 to counter. I conjecture that the JDB's would fight with tenacity to stop any further rulings against them. And...they're getting a lot of money from us poor people to do it with.

At issue here is that the JDB's are buying the Bad Debts for pennies on the dollar and making a huge profit. They are taking advantage of a poor situation. The debtor has lost his job, sufferering through the death of a significant other, or the debtor itself is in failing health. The courts seem to turn a blind eye and support their colleagues by stamping out default judgments for the poor who cannot afford an attorney to represent themselves.

So, yes, I agree that another avenue would be an easier road to travel. Do you know of one?

Lecasbas · 09-11-2007, 01:57 PM

Original post by: hannah

Quote:

Is this an action against you? If so, MTD for failure to state a claim. Some states have what's called a "prove up" hearing. See if you can do this.

Been there...done that...she gave another continuance. I think she has established that she is impartial against me in this particular case. In the action she dismissed she gave the other JDB one warning about assignment. When he did not produce she dismissed the claim.

I think I can prove the case against her but to whom and what can I get for my efforts?

I am filing another MTD by thursday. She gave me one week to look at an illegible document which was purported to be an assignment. From what I can read, it is a disclaimer to the JDB from the OC basically saying that "you bought it as is, don't bring it back to us". There are no specifics to my account listed. The JDB probably bought 100 Bad Debts and got one bill of sale for the whole lot. Certainly not assignment.

hannah · 09-11-2007, 02:09 PM

Couple of questions...who is the OC? Did you counterclaim?