hey just want to share my excitement. I pursued my first court case and well guys I am almost there to 100% debt free and clear reports I had only 2 neg accts left on my CR. one was a real biggie which is pending in federal court now under alot of violations which also includes all three CRA. remember butch I have the letter from this Oc admitting that they have no signature or proof for this acct lol BTW thx hiding and butch you guys were a big help with this next case you gave me enough case law to get it going. the 2nd case was a small claims suit I filed last week and the CA attorney just called and offered me a settlement $ 1500 and full deletion if I dismiss the suit what do you think I should do? thank my lucky stars for the deletion and the $ or take my chances in court for $ 5k for damages and violations? hmmm need to let them know by tommorrow as the court date is friday. any suggestions?
Congrats! The judge might award $1500.00 anyway. So it all depends on if you want to argue in court, or just take $1500.00 and deletion and go onto the next case
thank you I might just settle I really was just looking for the deletion but if they are willing to pay why should I bother going to court to start another issue, because if I win more cant they appeal to superior court then we all have to get attorneys? I think Ill be content with that. thx for the help
If they guarantee deletion in writing, I think I'd take the money and run. As hiding said, you might only get $1500 anyway. Or maybe you wouldn't even get that. If what you really want is the deletion, you just made a nice profit. You know the old proverb about a bird in the hand, don't you?
I guess they could, at that. But I meant is worth two in the bush. For some reasons, better to have the bird in your hand. But if he's going to poop on me, two in the bush might be better!!
I sent a fax to the Ca attorney confirming the details of our phone convo/ settlement agreement, they have until tommorrow to fax me the signed letter of deletion and I must recieve the money order by monday,then and only then will I dismiss the case, if this doesn't happen I will be in court next Friday. I have mixed feelings, mentally my brain says take the money and run, emotionally I want the chance to face them and see them dragged through the mud like they did my good name, worse yet I may not present my case properly and loose and be humilitated. so I will take the eazy way out and settle providing they follow through. ill keep you guys posted
Here is an alternative... Go through with the settlement offer, then have the court enter the settlement offer into the record. That way they are not under a court ordered settlement If you are really feeling evil, include a "violation clause" where if they contact you in connection with the collection of this debt again, they agree to pay you $5000.00, waiving their rights to trial.
wow that is dirty, violation cause but cant they say they were not pursing collection just settlement ? the debt is way past the SOL the only reason we are discussing it was to get it removed off the report
I would take the money and run. The judge may get pissed at you for not settling and tying up his court.
the clause is part of the settlement...meaning after its all taken care of..and you all go your seperate ways..and a year later when the employee doesnt read the notes of the account and calls or sends a collection letter to you for the same debt you had already sued and won a year prior.... $5000.00 to you
thats my intention as long as they follow through and comply with the settlement offer if not Im holding my breath and hoping for the best and try not to expect the worse.
HEY THAT'S GREAT FUN. Take your victory and enjoy it. Don't forget to update the testimonials thread. .
well the case was settled today, I recieved a ck for $1500 today in the mail and an agreement from the CA attorney that they will send me a deletion letter upon me sending them proof that I dismissed this case It feels good to win one and have someone else pay me for once. so be persistant !
