Ok legal beagles I need some help here. We offered a NICE settlement (no $) and they aren't budging, off to court we go! NH State Act helps me on my "they can't talk to the spouse AT ALL" the FDCPA allowed it. Anyway, I was just beginning to print out all the Statutes and FDCPA stuff and this is what I find on NH's website: SAY WHAT?!?! I filed in Small claims for FDCPA AND State act violations!! Then there's this! It's NOT about the money at this point. In fact both tradelines in question have been deleted from TU and EQU, EXP is hardly pulled up here and only 1 tradeline remains there. The point of us bringing them to court is, they broke the law TWICE with TWO different debts for the same person!! Their practices are almost as bad as NCO (but on a local level). They chose what business to go into not me. My main problem is: I filed the court stuff, it's Mr. & Mrs. KHM against Nasty CA. Hubby JUST started a new job and doesn't want to ask for time off 2 weeks into the new job. So I'm going to go it alone. Problem is they were both his debts, but he NEVER spoke to them it was only me (two of the violations). Think the judge is gonna tell me to get lost? I feel as though I'm suing for someone else, even though we're married. I don't have ACTUAL denial letters but I have old reports that show the inquiries and more recent reports that DONT have a tradeline for those inquiries. I know not TOO organized here, but this was filed 1/24/02 and we've moved in the mean time. Suggestions? Comments? PLEASE?!
I can't help you with the legal stuff per se, but I saw that you mentioned twice that "this is not about the money." Wouldn't it be prudent to make it about the money? You kind of tipped your hand when you asked to settle by just removing the tradelines. I would have said that I wanted X amount of dollars (in line with what you can rightfully and reasonably collect) AND removal of the tradelines. If your first settlement proposal was to merely remove the tradeline, there's no negotiating room for you below that point? What else could you negotiate down to? If you say you want X amount of dollars (the highest amount you can rightfully and reasonably collect) AND removal of the tradelines, you can say later in the process, "Oh, okay...I'll tell you what. What do you say we just make this thing go away by your removing the tradelines." I personally think you need to be tough now and actually sue for the highest amount your reasonably can AND removal of the tradeline. If they come back to you, you have to act tough and say something (in my honest opinion) like, "No, you had your chance," and hope they will ask for a settlement again before or during the court case. Never negotiate from a position of weakness. You've got to give yourself the most amount of 'negotiating room' and leverage you can. Consider 'negotiating room' as ammunition. By showing them your low water mark, you are already hurting your case. Hawg Hanner
Hawg- I offered settlement of deletion and $2500 before I filed, then deletion and $1K right after I filed. And Thursday offered just deletion. I also noted that offer was to save "the court and both of us our time" I also said the offer was good til Monday 11/11 and if they chose to not accept it I would be forced to continue for the full amount. I made mention of my time away from work and how costly it is THAT was why I offered settlement. They aren't gonna drag my ass to court after 3 offers to settle and think it will be settled outside the courtroom I DONT THINK SO!!!
I would imagine the judge will toss the case if your husband doesn't appear. After all, they are his accounts. You can present the case and your husband can tell the judge he agrees with your statements but, if the other side begins to ask questions that require an answer of him, you can't answer in his place.
Whew...I'm glad that it wasn't your first and only offer. The only other advice I would have is to never go down to the last thing you're willing to live with before you walk into court. Let them make that offer. I would have stuck to $1000 and removal of the tradeline. Let them make the offer to the bottom of what you're willing to live with. There's an old saying in business that says, "He/she who speaks first loses." While that may not necessarily apply here, it probably doesn't hurt to make them sweat it out now. Hawg Hanner
So they never counter offered any of your offers? Instead you kept reducing your demands? No wonder they want to go to court. They are calling your bluff! Either drop the matter or follow through to the end. They don't believe you anymore. I would not show up without your husband or a lawyer there. You might really tick the judge off. After all, he is the plaintiff.
KHM, This CA hasn't been challenged yet, that is the only problem. You have damages if they are harassing you for your husbands debt. I would have filed in district or superior court, that way you could have tied them up in discovery, made them hire an attorney and they would have settled for money. If they take this to trial, have your husband show up and let the judge know the "loss" your family has incurred as a result of this CA's arrogance.
They didn't harass me, they just didn't follow the law, several laws. I haven't shown my whole hand, I have statements from 2 other CA's (that are rather nice)stating what is "required" to be done in my case, ex: reminder of deposit of postdated checks, not speaking to me about hubby's debt whether I call them or they call me etc. They aren't aware of this. Both of the CA's I have statements from are in NH as well as the CA I am suing. The owner of the CA I am suing is an attorney so I highly doubt I'm costing them a whole lot of money. DH doesn't WANT to go to court. I've gone through everything with him a trillion times he still doesn't get it. He also doesn't even want to risk losing his job for this. The timing just SUCKS!
I'm just pulling at strings here. But is it possible if your husband gives you power of attorney, then you can be authorized to speak for him? And, if you're not sure you're completely ready yet, could you ask for a continuance, lawyers do it all the time?
Is it he (1) doesn't WANT to go to court, or is it (2) he CAN'T go to court? There's a big difference. If he doesn't WANT to go to court, you've got your hands full in my honest opinion. I don't think the court will think too kindly of him not being there, which is not to say that the hurdle is too difficult to overcome, it's just a hurdle you don't need. If he CAN'T go to court right now, perhaps you can ask for a continuance or two so he can get some time in at work and then feel more comfortable about asking off. The other thing you should investigate is whether or not a person can dismiss a case and then refile at a later date. That too would buy you some time. I'm just not sure if it can be done and how the CA would perceive this and then what their subsequent action(s) would be. Hawg Hanner
Hawg- It's a little of both. He doesn't WANT to ask for the time off so soon into the job and he doesn't WANT to be the one speaking, he WANTS me to do it. Honestly, I'm tired of doing things for him and want him to take care of it, but those are different issues for a different board.
There's not much I can add then, KHM. I guess if I were in a similar situation (which is not to say that you should do what I would do), I would see how long I could get a continuance for. In the mean time, I would work on my spouse. I would explain to him (her in my case) how his credit report affects (1) future employment with companies, (2) future earnings, (3) the amount of money going out the door as a result of higher interest rates and fees, (4) the ability to diversify one's holdings (i.e. owning your own company, buying a franchise, becoming a partner in an operation, etc.), (6) the ability to borrow money in a time of need, (7) reduced automobile insurance rates, and (5) it adds psychological stress to him and his family, which obviously is not necessarily. And if that didn't work, then I'd remind myself why I fell in love with the person and deal with life without perfect credit because I know my love for my spouse is stronger than anything a TU, EQ or EX credit report could ever publish. Hawg Hanner
If you are not allowed to appear for him -- then find out from the Court if a legal aide or law student is allowed to represent him,or get a lawyer to appear for him and have him call you to explain the case and do all the real work.
Could you call the courts and find out if you can represent him if you have a Power of Attorney for dealing with the matter? Just another thought.
Request an adjournment and then work on getting your hubby up to speed. Sounds like your courts are so backed up you may get a month or two before the adjourn date. L
