Will they settle prior to a judgment being entered? - PART II

that is a load of crap

Under what law or contract does the interest accrue daily? This guy must really be a hack. Answer this complaint. By the way, interest on the judgment only accrues after the entry of judgment, not before. What was put on the complaint and what was served is what the court recognizes. I know this and I am way far away from having a law degree. If this guy is asking for more on the complaint, he needs to ammend it and re-serve you with the ammended amount.

 

It would probably be entertaining to hear them try and explain this arithmetic to the judge

 

Collector2,

I agree with you but I think the argument here is that the interest accruing is separate from the suit. The attorney could always file for leave to amend their complaint.

 

Personally, I'd go after a bench trial simply because it saves you a lot of headache having to go through selecting a jury, paying the fees for the jury, etc. BUT, that's assuming it's in a high court where you'd get a fair bench trial. If it's in small claims, go for the jury for sure!

Keep in mind that if you add an FDCPA claim to it, you or they can motion to have to case moved to federal court. Unifund's lackeys would be really dumb to do that as it's an EXTREMELY fair court that would be certain to accept you shooting holes in the plaintiffs case. There are some gotchas that the layperson wouldn't know about how to handle but with help from people that you can find here you'll be alright.

As for the OC working with you. No. What happened is they either assigned or sold the debt to Unifund. It's most likely that Unifund is actually the owner of the debt now so while the OC may be willing to take your money, there's nothing they could do.

As for their mistakes, you're going to want to start pointing them out via motions. You shoot holes in the case and get their case shot down before you go infront of a judge. In most cases with as many problems for the plaintiff as this one, once you have successfully gotten their evidence impeached you can motion for summary judgement on the facts that have already been established and win the case without actually going to trial.

If you have their case tossed out and only have FDCPA/FCRA violations left, then should you go to trial there's almost no way you can do better than breaking even (making $0).

 

GreatWhite's catch of the exorbitant interest charge was a good one.

His idea of the bench trial in a truly fair court is also good.

Having all their charges dismissed leaving only the FDCPA/FCRA claims is such a delightful thought. Couldn't happen to a better plaintiff.

 

File your Answer and Affirmative Defenses before you run out of time.

Once that is done, file the Sworn Denial, then move for Discovery.

This will keep them busy.

Since you are new at this, removing to the Federal court is not recommended. Plus it will set you back $200-500 to file there.

Keep it simple.

After you file, you will start getting correspondence from the attorney and the court. Come back here and we will help you sort it out.

Start a calender and time line with dates items are due.

Get a large three ring binder and make a trial notebook.

Separate each type of documents ie recv from attorney, from court, filed with court etc. This will keep you focused.

BTW - the credit card agreement may allow for daily accrual of interest. I have a couple of Citibank cards and they have have that clause. That's why on your card statement you have a daily interest rate listed.

 

For what it's worth, the formula I put up can be used to calculate daily compound interest. Infact, that's what I did when I came up with 89% of interest.

Yay for my thinking ahead!

 

Do as Enigma suggests. Honestly, you likely would encounter some issues in handling federal court procedures in a timely fashion. As stated above, get this behind you and "if" you feel like pressing on thereafter, file your own action.

For what it's worth, federal courts are not the end all be all of FCRA/FDCPA litigation. Yes, generally the judge's clerks are more knowledgable than in state court. However, some federal judge's don't care or don't agree with the intent of these statutory frameworks. In other words, you have to weigh the courts posture before making a decision as to where to file. Often times, a state trial level court is better for numerous reasons; i.e., cheaper, not as much time pressure, not nearly as formal, more consumer friendly, etc.