How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 91857
Experience:  Attorney experienced in commercial litigation.
10285032
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

DALBEY EDUCATION INSTITUTE LAWSUIT : (district of Denver, Colorado) I

Customer Question

DALBEY EDUCATION INSTITUTE LAWSUIT : (district of Denver, Colorado)

I am a canadian citizen who lives in Quebec Province. I have been scammed out of money by the Dalbey Education Institute. A lawsuit has been launched by authorities in Colorado against Russ Dalbey and his company. I found an attorney in Quebec who knows how to proceed for recovery. He accepts to help me.
The process of recovery has been launched but no meaningful agreement has been signed so far. I have an argument with my attorney. My attorney argues with rules and regulations in Quebec. There is a lawsuit to help consumers who have been scammed by Dalbey to retrieve a part of their money. Rules and regulations applicable in this lawsuit are Colorado laws, not Quebec laws.
My attorney is a busy person and I have the feeling he does not take into account what I say. He does not have time to make profound researches about the mode of operation of Dalbey scam. Consequently, one of a sale transaction on my credit card could be interpreted as a fraud according to FTC. My attorney says : It happened in 2008, the timeliness cancels my arguments. There is a lawsuit, not for nothing, isn't it ? My attorney says : it is a sale transaction, not a fraud. He does not see the strategy to mislead consumers. It is important for me to make sure I am understood by the Colorado Attorney General.

If I disagree with my attorney, do you think I could write to Attorney General to bring awareness to the court about my point of view ? The problem is that my attorney is my agent of communication between me and authorities in USA. What Can I do if there is an argument between the way my attorney interpretes the damages brought to my financial situation and the way I see things because I have made so many researches in regards XXXXX XXXXX lawsuit.

There is one sale transaction on my credit card which is abusive and it is the reason why there is a lawsuit, many people got abused the same way at Dalbey.
If it is a fraud, I should not miss the boat. With a fraud, I could be reimbursed entirely + additional compensations for my losses. Big difference in my opinion.
The Dalbey lawsuit is related to a Consumer Fraud. The Dalbey staff is in the mire of the Colorado Justice Department.

Tell me what do you think ?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

No offense to your attorney, as I am sure he is quite capable in Quebec, but I believe you are correct in that if this is all part of the scam, the 2008 charge would be relevant as part of the fraud, regardless of the statute of limitations for breach of contract which in Colorado is 3 years because for FRAUD in Colorado you have 3 years from WHEN THE FRAUD IS DISCOVERED and once the suit is filed that stops the statute of limitations from running

Because you are represented by counsel, you really cannot contact the Attorney General, as he is not supposed to have contact with someone represented by counsel.

However, my suggestion to you would be to terminate the Quebec attorney and engage a Colorado attorney whom you can locate at the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 1 year ago.

1- Will your answer stay online or I should paste-up the whole thing ?


 


2- It seems difficult for me to terminate my attorney because I have had hard time to find him and there is a time limitation for claiming to the bankruptcy court. A settlement between Dalbey and FTC is in process to be completed. We are about to know what are the possibilities for recovery.


Can I use your answer to argue with my attorney ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

1) The answer will remain online.

2) You can arrange for a Colorado attorney to represent you first before you terminate your attorney if you choose to terminate him. He should be submitting all charges you paid to this school if they are found to be a fraud, no matter when they occurred. Also under US bankruptcy law, if a debt incurred by fraud, the bankruptcy court cannot extinguish it in bankruptcy.

My answer, pursuant to the terms of this service, is purely for informational purposes, not to present to a court or an attorney as argument. It is merely to educate people so they are in a better position to form their own arguments and make their own decisions.
Customer: replied 1 year ago.

A lawsuit has been launched on May 2011 by US authorities in regards XXXXX XXXXX Dalbey Education Institute. I signed in to Dalbey Institute on Feb. 2008 and most of my expensive fees are on my 2008 credit card invoice statements. I also have fees on 2009 and 2010. Because of the amounts of money that are involved, I think I am OK with the timeliness concern.


 


And you, what do you think ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Filing the lawsuit, if you joined in, stopped any SOL from running. So you are within the time constraints of the SOL. I believe the Feb. 2008 would still be considered because it is fraud and fraud SOL runs from the date the fraud was discovered and really you did not discover the fraud until at least 2010 or maybe later.
Customer: replied 1 year ago.

Thank you Paul for your support and your professional answers.


 


Before ending : What does SOL mean ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Sorry, SOL means Statute of Limitations.
Law Educator, Esq., Lawyer
Satisfied Customers: 91857
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and 7 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

GOOD AFTERNOON PAUL,

The last time I spoke to you, you explained the Statutes of Limitations regulations. Therefore, I have another question.
The actual loss is $26,000.00 USD
My attorney appreciates my explanations in regards to SOL and all relevant evidences I disclosed to him to help him writing his recommendations in regards to the recovery. I do not know yet what is going the amount of money the Debtor (Dalbey Education Institute) will allow me for recovery.
The only thing I know is that I have the CLAIM FORMS under my nose ready to be filled with my attorney. The CLAIM FORMS is the B10 Form. The Debtor has filed for bankruptcy. Legal procedures allow all harmed consumers to be recovered, each case is a unique and singular case. I have a lot of losses. Such money put on credit cards with no income generated as expected. you can imagine how harmful is the Consumer Fraud.
To the best of your knowledge, what could be the amount allowed for recovery ? Can attorney fees be charged to the Debtor to help my financial restoration ? To me, it would be fairplay if I could receive $18 000.00. I wasted a lot of money. The best thing would be the whole $26000.00 for me and attorney fees charged to the DEI (Dalbey Education Institute) but I should not expect too much in such circumstances.

According to you, what could be the amount of money allowed for recovery ?
I have secured and non secured loans to pay off lenders, what would the law say for recovery ?

Thank you Paul

Stéphane

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and your new question.

Because of fraud, the law in the US would allow you to seek recovery of attorney's fees plus all of the actual damages you suffered. It is a breach of contract claim, so this means all you can get would be the actual money you lost and because of the fraud possibly attorney's fees.

The problem is that as they are in bankruptcy, you would not likely get the full amount of your losses because other creditors have to be paid as well, so you need to claim as high of an amount as you can and add on every loss you have suffered from this breach and your attorney's fees to hope you can recover anywhere from 20%-50% of what is due you (since in bankruptcy that is the average amount of payment to creditors).

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas
 
 
 

Related Consumer Protection Law Questions

Chat Now With A Consumer Protection Lawyer
Law Educator, Esq.
Law Educator, Esq.
Consumer Protection Lawyer
91857 Satisfied Customers
Attorney experienced in commercial litigation.