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

Once they file suit, the SOL stops. If they file within SOL, then anything after that is based on what happens in court.

 

If you are sure this is out of SOL, why would you even entertain settling? If you successfully raise the SOL defense in court, they are, well, SOL for obtaining a judgment LOL.



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WHY ARE THEY ASKING FOR MORE MONEY THAN WHAT THEY FILED IN THE SUIT???????? Any thoughts?[/QUOTE]

 

For something of this importance, I wouldn't trust anything less than the statute itself. That's why I mentioned earlier, I was seeing alot of differing information as well, some even said open ended was 3 years in NJ.

The answer is really a crap shoot. Unfortunately, now they know you aren't a complete pauper living in a cardboard box, since you threw some $$ offers there way. I can't remember, is your court online? If so, look them up by name...see if they have cases that AREN'T default wins.

 

I'm sorry that you had to go through that NJTX.

Unfortunately, what a lot of online support gurus fail to consider is the art of negotiation and the end game/expected results. Dealing with attorneys is a game in which their impression of you and your understanding of negotiating skills is of utmost importance.

You're in a tough spot now because the attorney knows you have money to go after.

As for why they're asking for more money, they're counting on the principle, interest, and attorney fees. Basically, they're asking for everything because they think they can and they assume you're an easily squeezed person with money to burn.

Most savvy people would have started off with a lowball. The attorney knows that so if that was your lowball or if you're just an easily squeezed person, a person he now knows or suspects can get the money, he's unlikely to back down on getting less.

If you ask me you're going to have to come on strong and make them backpedal uncomfortably before you're going to get them to budge now. That's best done by filing an answer (with counterclaims) with the court and giving them a copy via CMRRR.

If you got that done, and in doing so give them a reason to think they'd spend a lot for a little return, and may end up paying, you might get them to negotiate.

Next time they bring up negotiating, I'd offer 20% of what you did the first time and tell them they should have taken your first offer because now you know just how likely it is you'll win and you're ready to fight. They'll say it's ridiculous and you'll have to enforce the bluff by telling them to get back to you whenever they have something more constructive to add. (Of course, it may not be a bluff at all but right now I'm not your attorney and I have no real way of knowing just how good your case is.)

GreatWhite

 

Until such time as you file an Answer, the plaintiff has no incentive to settle.

File a police report in regards to ID theft if you comfortable with that.

File your Answer, adding affirmative defenses of SOL, ID theft.

File a Sworn Denial:

Pleading Header

SWORN DENIAL

Defendant, xxxxxxx denies this is her debt and if it is her debt, Defendant denies that it is still a valid debt and if it is a valid debt, Defendant denies the amount sued for is the correct amount.

Then move for Discovery. Then the plaintiff may entertain a settlement if you still wish to go that route.

 

I have received a lot of help from the membership on this board, I have also done a lot of research mainly due to the tips I have received in the last two weeks. One conversation leads to another and you make progress, I read somewhere that some collection agencies will come to an agreement with you and pursue judgment anyway. I know you are dealing with a lawyer but be careful. You are in the water with some piranhas. Is taking out a loan an option ? Do you have a 401k you can borrow a loan against? If you are enrolled in school can you get a supplement loan to pay this off?

I can only use logic but the other side of this is you opened dialog with them, they are going to test you to see how much they recoup from you at first, but Iâ??m sure they will give you a more reasonable counter offer. Think about it, tax refund season is coming up, x-mas, company bonus season, the typical person these guys deal with spends the money faster than they can make it. It behooves them to try and get a reasonable settlement, getting a judgment against you is only the start of the process from what I have learned. They still have to fish for the money and this works to your advantage (telling them who you work for, bank with, etc. not advisable from what I learned) and for $2600 it could take a lot of resources and even more time to get the money. My guess is you got the lawyers poker face and they will wait to see if you start shaking and buckle, if not they will counter offer

 

http://www.lectlaw.com/def/d058.htm

DISCOVERY - Part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to "discover" pertinent facts. Generally discovery devices include depositions, interogatories, requests for admissions, document production requests and requests for inspection.

The formal procedures used by parties to a lawsuit to obtain information before a trial is called discovery. Discovery helps a party find out the other side's version of the facts, what witnesses know, and other evidence. Rules dictating the allowable methods of discovery have been set up by Congress (for federal courts) and by state legislatures (for state courts). Common discovery devices include:

* Deposition--a proceeding in which a witness or party is asked to answer questions orally under oath before a court reporter.

* Interrogatories--written questions sent by one party to the other party for the latter to answer in writing under oath.

* Request for admission--a request to a party that he admit certain facts. One party sends the other a request for admission so that basic issues the parties agree upon can be resolved and not have to be proven if the parties go to trial.

* Request for physical examination--a request to a party that he be examined by a doctor if his health is at issue.

* Request for production of documents--a request to a party to hand over certain defined documents. In family law cases, parties often request from each other bank statements, pay stubs and other documents showing earnings, assets and debts.

* Request for inspection--a request by a party to look at tangible items (other than writings) in the possession or control of the other party. Items to be inspected include houses, cars, appliances and virtually any other physical item.

* Subpoena--an order telling a witness to appear in court or at a deposition. A subpoena is issued by the court, and if the witness fails to comply, he can be held in contempt of court.

* Subpoena duces tecum--an order telling a witness to turn over certain documents to a specific party or to bring them to a scheduled deposition. A subpoena duces tecum is issued by the court, and if the witness fails to comply, he can be held in contempt.

The scope of information obtainable through discovery is quite broad and not limited to what can be used in a trial. Federal courts and most state courts allow a party to discover any information 'reasonably calculated to lead to the discovery of admissible evidence.' Because of this broad standard, parties often disagree about what information must be exchanged and what may be kept confidential. These disputes are resolved through court rulings on discovery motions.

 

Nah, not at all what I meant. I'm referring to the dollar signs the CAs see. You offered money, so they get to ASSUME you are holding back, because most negotiators do low-ball to start with, as was mentioned earlier.

This is true. Unsuspecting consumers that have worked out an agreement with the Plaintiff, basically drop the ball, and believe Plaintiff will handle everything properly. If NJTX does come to some sort of agreement outside the courtroom, she will need to continue to file all papers in a timely manner, and attend all scheduled court hearings until such time as there is a file marked copy of a Motion to Dismiss (or whatever motion ends the case - I'm not a legal person) at the court house.

 

You should google Unifund and lawsuits. Lots of info out there. You are not dealing with a nice company. They are a lawsuit mill.

 

What Great White was addressing is the impression that your offer of settlement left with the opposing attorney. It is what he sees as your potential that drives his negotiation strategy. Has noting to do with the reality

What ever else you do, make sure you don't pay anything until it is all in writing. Their attorney is their attorney, not yours. Check everything carefully.

 

Thinking ahead that you cannot settle this, you may consider your options as to responsive pleadings:

1) Motion for a More Definitive Statement - good option insofar as this is a debt purchaser and likely doesn't have a chain of evidence as to ownership. If all they have is an Affadavit, you can strike the whole case unless the affiant is present and only then, wouldn't a hearsay preclusion carry the day.

Did the Complaint possess an Affadavit on the back of the Complaint?

2) If the Motion presents an actual contract, then you would file a 12b6. Again, this would be presented in terms of asserting the debt is time barred and thus, a failure to state a claim.

3) If this was not granted, then and only then should you resort to filing a responsive pleading. The impetus of your affirmative pleading would be grounded in equity; namely, estoppel and unjust enrichment inasmuch as unifund if a debt purchaser.

In any event, this is all premised on you not being able to settle. Personally, if I did not beleive the account to be mine or potentially time barred, I would not consider settling.

 

Hiring an attorney may be well reasoned considering time is of the essence and you only get so many bites at the apple.

 

Can you post the actual complaint you received?

 

Or at least tell us if there was any agreement attached to said complaint?