What Happens When You Are Attached As A Class Action Lawyer?
You have probably read all about the Sallie Mae Class Action Lawsuit against the nation’s largest and well known bank. Recently there has been a motion in a court for the dismissal of the lawsuit. You can understand that this is a critical point in the case. The motion was made on the basis of a motion to dismiss which would allow the bank to move forward with its plan without having to go through the lengthy litigation process. But why is this important, you might ask?
- 1 Sallie Mae Class Action Lawsuit
- 1.1 First of all, the plaintiffs must prove that they are a legitimate representative of the class.
Sallie Mae Class Action Lawsuit
There are many reasons why an unexpected development like this could happen. For example, the plaintiffs attorneys just filed their complaint and received notification that they would be leading the class action lawsuit. But the lead plaintiff died and there were other plaintiffs who did not survive the filing of their lawsuit. So how is this going to play out?
First of all, the plaintiffs must prove that they are a legitimate representative of the class.
In order for that to happen, they must be properly named as representatives and they must file the proper paperwork with the court. The lead plaintiff in the Sallie Mae Class Action Lawsuit case was improperly named as the “Plaintiff” and they were not properly permitted to file the lawsuit. The reason for this was because the bank thought that the lawsuit was filed by an improperly named party. In this case, the fraudulent company whose primary role is to collect payment did file and thus they were somehow allowed to participate in the Sallie mae class action lawsuit.
Next there is a question of lawfulness.
That is a very big issue in any lawsuit. Most people assume that if they have suffered any type of injury due to someone else’s carelessness that the only way to collect is through a lawsuit. Well, this assumption could not be further from the truth. The court will look at the facts of the situation and if it finds there is a likelihood that there is a likelihood of either (a) fraud or (b) misrepresentation then they will look at whether or not the attorneys are providing a service that would make it possible for the plaintiffs to obtain their claim.
If the attorney does not meet those requirements then it is likely that the lawsuit will be thrown out.
If the attorneys can show that there is a likelihood that they will be able to accomplish the goals of the class then they should be awarded the class. At this point, the attorney may ask you for your witness list. Well, if you have any witnesses that will provide good testimony about what occurred then you should provide them with a brief description of how the incident occurred.
Finally, there are a few stipulations that go into each Sallie Mae Class Action Lawsuit.
First, if you sign an agreement then you must notify your attorney. Also, you have to give them a copy of the lawsuit when they sell your settlement. They are not allowed to give you anything until the entire class action suit is settled. Lastly, it is extremely important that you keep up on the status of your case and ask for updates whenever things change.