On the same day I filed my motion to compel discovery the judge signed an order refering the case to madatory local arbitration. I am confident the OC attorney has no real evidence. At the same time it means more fees and wasted time. I am considering sending the following settlement: OC Attorney Dear Attorney, This letter is an offer to settle the above case. It is not to be construed as an acknowledgment of my liability in any form. As of this date, neither your office nor your client has provided what might be considered reasonable validation. I believe you have declined to answer discovery because it will show your client has no case. At the same time, there have been numerous violations of the FDCPA, FCRA and XXXXX State credit laws by both your client and your office. While both you and I can continue this to arbitration, then trial, and then appeals, it would be both time consuming and costly to do so. If needed I am fully prepared to do just that. On the other hand, it might make more sense to both parties to settle now. I am willing to settle based on the following conditions: ·Each side bear any costs and legal fees they have or will incur. ·That any entry regard this account be deleted from my credit files at all three credit bureaus. ·That both parties sign a motion for dismissal with prejudice and the motion be filed with the court. ·? If the above terms are acceptable, please send a written agreement outlining these terms along with the above mentioned motion. I look forward to settling this dispute Regards, Defendent Anything I should add or subtract? It would it be better to call the attorney? I have not talked to them as of yet. Any and all help appreciated! Many thanks!
Let me suggest some ideas to you. 1. You may be forced by the court to arbitrate. It appears that you have been. So exactly what is it that you are forced to arbitrate? The debt of course. I think you have the right idea about trying to settle with them and keep it out of their getting an arb award which will then be turned into a judgment and down the tubes you go. 2. I think your idea of getting them to delete in return for a pre-arb or pre judgment settlement for paid in full is meritious indeed. Whether they will go for it or not is yet to be seen, of course. But one can always hope. They would not have much to lose by agreeing to it. 3. But I would refrain from making any statementsabout their violations at all. That is a separate issue entirely and in reality has little or no bearing on the outcome of the arb or subsequent judgments. 4. As soon as it is a done deal, whatever the outcome, you pay in full or whatever and there is no longer any threat of legal action on their part then I would go to US Federal and file suit on them for their FDCPA violations with demand for a huge damage award. 5. I tend to think that if you do it that way you would stand a far greater chance of getting somewhere with your violation complaints under FDCPA. I also tend to think you might want to consider some of the arguments available under 28 USC 1341 as well. I really have no idea how well a 1341 argument would fare but it might be worth looking into. I really haven't done enough research on the 1341 arguments yet to decide whether or not it has any merit. That will take some further research. But my thinking is that you would be much better off separating the two and trying to get the arb and law suit stuff out of the way first if at all possible and worry about the other later.
Thanks very much for the reply and helpful comments Bill. I have already filed for violations in the countersuit. From what I can tell they have absolutely no way of proving the debt or of being within sol. Then again I haven't seen answers to my discovery. My biggest question is am I leaving out some point that should be in my proposed settlement and am I better off calling? Thanks again!
Of course I haven't seen any of your work so without that I just don't feel I have sufficient information to give you an intelligent answer at this time. As to whether you would want to call them or not, I'd say that just about has to be a personal decision that ony you can make and that may well have to be made on whatever your instinct tells you. Sorry I can't be of more help than that.
Sure, make it real easy for them to make the right decision. Make up your settlement document and send that along with your offer. That way all the have to do is sign and drop it in the mail. If you want to pursue later take the "with prejudice" comment out. Actually I'd wait until they call you first.
