The harder they come the harder they fall
- Peter Schneider
- Feb 6
- 3 min read
The great Jimmy Cliff once sang "the harder they come, the harder they fall." I experienced a similar phenomenon when a collection agency came after me and, oh boy, did they fall. I had commenced a FDCPA lawsuit on behalf of a consumer and in response the collection agency made third-party claims against me and the law firm I was working for at the time. Ostensibly it argued I didn't have authority from my client to file the lawsuit. It demanded I provide it a copy of my representation agreement to prove I had authority.
Now, beyond that being absolutely none of its business, as an attorney I’m bound by a duty of confidentiality to my clients. I told the collection agency’s attorney this, and in response, the collection agency made third-party claims against me and the law firm I was working for at the time. It was bizarre. I had sued a collection agency and suddenly I was being personally sued back.
On summary judgment to dismiss the bogus counter claims, the judge ruled that what the collection agency had done was outrageous and slapped it with twenty-six thousand dollars in sanctions. Judges have the ability to issue sanctions for the especially egregious behavior of a party, the party's attorney, or both. In this case the judge ruled"
"This Court has a rule. A basic rule. Try the case, not each other. That's basic. It's basic professionalism. It's basic comportment that this Court expects of people who are licensed and privileged to practice the law. The rules set up guardrails in the hopes that everybody comes in, presents their evidence, and we can proceed on the merits of the underlying issues before us. Things like this do call into question what the purpose of this is. It detracts from the issues that should be litigated and should be before the Court. There is no legal basis for the complaint [against Peter Schneider and his law firm] in this case. None."
Unperturbed by the tongue lashing and sanctions issued by the trial court judge, the collection agency appealed the matter. Surprise, surprise, the Division I Washington Court of Appeals upheld the trial court's ruling in a show of unity with the trial court.
Jimmy Cliff mellowed out a bit in his later years, eventually singing a cover of “I can see clearly now.” Hopefully, the collection agency and its attorney can see more clearly now too. Winning cases is important, but not at the cost of one's reputation. Pulling bush league moves like the collection agency and its attorney did just reinforces some of the bad perceptions the public has about attorneys.
Would you like a free case review? Do you have a question or a telemarketing, debt collection, or bankruptcy case that would make a great blog article? We might even review your pro-se complaint or motion in a blog post. Email peter@nwdebtresolution.com and/or nathen@nwdebtresolution.com and we may answer it for everyone!
Are telemarketers harassing you in Washington, Oregon, or Montana? My Washington State TCPA plaintiff law practice can help, just give us a call at 206-800-6000 or email peter@nwdebtresolution.com.
The thoughts, opinions and musings of this blog are those of Peter Schneider, a consumer advocate and Washington State plaintiff's TCPA attorney at Northwest Debt Resolution, LLC. They are just that, his thoughts, opinions and musings and should be treated as such. They are not legal advice. If you are looking to file a lawsuit for TCPA violations and unwanted calls please contact me for a consultation.
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