Attorney assistance

No attorney is going to file something in a field that they don't practice in based only on your research. If they do it and you are wrong, you can sue them for malpractice and nobody is going to take that chance. So, it's not 30 minutes of work for them. It would require them to know something about that area of law and do the research on their own. Your research might be a starting point, but that's about it. Especially since consumer protection and identity theft issues deal with Federal laws that may be more complex than you think and may implicate laws that you are not even aware of. It's just not an area that most lawyers deal with and I know I would never take a case in an area that I am unfamiliar with, unless it was made clear that I would have to spend time researching the issue and billing for that time. And, even then, I might not take it and would not take it if I didn't think it would be worth the money or an area I could expand into.

And, make no mistake, someone would have to show up in court to argue this motion and it's not as easy as you might think to have a judgment overturned. Especially if you are trying to do it from several states away.

I would call the Bar Association in the City or state where the Judgement was made and see if they can refer you to someone.

I appreciate the input.And I understand why most wouldn't take it, and I have no intention of denigrating them because of it. I am merely expressing my frustration at the lack of resources available for someone in my situation.

I quite accidentally stumbled across the FTC site on identity theft, and had I not made a phone call to their hotline wouldn't have even known about the limited resources that were available. The police in Omaha were no help, and it took me months to get a copy of a burglary report that does me no good because it is the wrong type of report for identity theft. Therefore, when I submitted copies of the police report I had as proof of the theft, it did no good. Also, I had no clue I was being sued until I received a letter via regular mail notifying me of a summary judgment. Several months of telephone calls and letters finally produced a one page document that says nothing about the facts in the case. It isn't even signed by a judge.


And as far as the venue, here is the applicable excerpt from the FDCPA:

ยง 811. Legal actions by debt collectors [15 USC 1692i]
(a) Any debt collector who brings any legal action on a debt against any consumer shall --

(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.

(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.


Seems pretty cut and dried to me.