bambi

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About bambi

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    mi
  1. I know Hot, I took it as a compliment, I was just giving you a hard time. Thanks for all of your encouragement, insight, and helpful tips. I am so much better off, not having to worry about this anymore, well. . . not having to work on this case anymore, I still have the payments, which were mine in the first place. Now, it's forward we go, and work, work work to pay it off. Thanks again, to you and everyone, you're all the best.
  2. I plan to pay with a money order, I will be keeping the duplicate copy of that, do I need more than that? I'm sending the payment into the law office, and they will not be sending out any statements or anything.
  3. Hey, hey go easy on me hot. Well. . . . . I finally did settle. They did accept 100.00 a month and I was able to get it down to 11,000. I know it sounds bad but for me it was creating so much stress, I finally decided to take the deal. I am half expecting to be sued again for other cards I've not paid on. I will immediately come to this sight first and do it right the next time. But I couldn't have gotten as far as I did, w/o everyone's help. I was facing the OC, and the actual lawyer from their firm came over from the other side of the state, so they were going full force. I do have a question tho. He made mention that he couldn't guarantee that FIA would keep the loan for the whole time. He said they may decide to sell it off down the road. In which case if they do, could the new owner of the debt, (no doubt a JDB ) start with the full amount and come at me again, or can they only collect on the balance of what I owe? If it were to get sold off, prob. To a JDB, am I still obligated to pay them? Thank you to everyone for hanging tough with me, and helping me through this. Like I said, I could never have doe as much as I did without all of you. Thank you, thank you, thank you.
  4. Ok, thank you all. I'll see what happens, and then start to fine tune my answer to SD. I'll keep you posted.
  5. OK, I'll suck it up, and do as you say. I am worried about getting a judgement against me at the trial, and the judge making payments higher than what I can afford, and. . . Then I would be on the hook for the whole amount. They never responded to my settlement letter. I'm pretty sure they will file a SD tmw, so I'll have to respond to that then too.
  6. No not really. Very basic. I guess in my mind, something is better than nothing, and if I have to file BK, they get nothing, but I guess we'll see. So just in case they do talk settlement, is there anything else I missed, or need to add in talking settlement? How much we have agreed on for me to pay. When the payments are due, that they will be paid by money order, and where they should be mailed. That they agree to report to the credit bureaus that the debt is "paid in full" as soon as the settlement is reached, and send me written proof that this has been done. That all interest, and late fees will cease. That they agree that it will never transfer, assign, sell, hypothecate, re number, or convey the account. That FIA owns the account. I'm just afraid of signing something and not having certain things in the agreement.
  7. Yes, I did find a para legal to help, and they finally said, it was too complicated, and seek advice from a lawyer. I have drafted up a motion in anticipation of their SD. I don't know what they will garnish, Im self employed. I really have absolutely nothing they could come after. A house with no equity, I'd be lucky to break even, if I sold, a 13 yo car, and that is it. I plan to low ball them, and go from there. The hearing was canceled because they complied with MTC, and the judge was not going to listen to the request for leave, because it was not actually a motion. I also sent a letter to the judge, and went to a couple of pre trial hearings last week.
  8. Ok, I'm heading to pre trial on mon. I'm really hoping they will be open to a settlement, and that the judge will highly encourage it. I've been to see a BK lawyer, and he said to forget the admits, it was beyond discovery. So. . . .I've decided that if they are not willing to budge from 19k, then I will be filing bankruptcy. If the judge allowed me to pay 100 a month on 19k, it will take me forever to pay off, and this is not my only debt, so it will be BK. The original debt was 9,500, so I would be happy with anything around 9,000 (although I will try for much less). I'm pretty sure they will be filing a motion on mon. for a SD. It will be 10 days since the judge allowed them leave to file. I get the feeling tho, that they want the whole amount, and aren't interested in settling. What I would like is some input on what I should expect/want out of a settlement. I was wondering if anyone could look over what I have in mind, and either add to it, or offer any deletions. I would want this in writing: How much we have agreed on for me to pay. When the payments are due, that they will be paid by money order, and where they should be mailed. That they agree to report to the credit bureaus that the debt is "paid in full" as soon as the settlement is reached, and send me written proof that this has been done. That all interest, and late fees will cease. That they agree that it will never transfer, assign, sell, hypothecate, re number, or convey the account. That FIA owns the account. Anything that I missed? I'm pretty sure I won't be able to get out of this without some kind of judgement (consent or whatever) on my record, so I'm not bothering to put that in. I know it seems like a real cop out, but I have been so stressed out, and I know I do owe them some money. This site has been invaluable to me through out the process, and I am very grateful for everyone's encouragement, support, insight, expertise, past experiences, and the list goes on and on. I would never have been able to get to this point, and would have probably lost by default, long ago, due to lack of knowledge. I'm pretty sure this will not be the last suit I will face, unless I decide to go BK, and you can be sure I will promptly come here first, and start at the beginning and hopefully do it right. Thanks for any input you might add to my negotiations.
  9. Thanks. I like your idea anon, and your are right, I don't know all the procedures, and I seem to be learning all of them the hard way.
  10. OK, I really screwed up. I had a hearing scheduled for last fri for the MTC, but since they finally sent in the POD I called the court on thrus to cancel the hearing. I sent in an email (per the clerk), and she verified that she received it, and it was cancelled. I tried to call the Plaintiff to let them know, (at 4:45 pm), and after being on hold for 15 min (now 5:00 pm.) I figured I wasn't going to get through to anyone and hung up. Well. . . The plaintiff did show up for the hearing, and because I failed to let them know, the judge sanctioned me $300.00 and granted their leave to file a dispositive motion. Is it my responsibility to let them know? (Apparently so). Do I have any recourse? The clerk told me I could write the judge a letter. I have a pre trial hearing scheduled for Monday. Any body have any thoughts on this?
  11. Yep, sorry I miss spoke, I meant I'm going to file objections to their request for leave. Thanks for clarifying Anon. Going down under to work on them now and hopefully get it done tonight.
  12. I'll try my best to answer these. I'm just as confused as you all are. Hot. . . . yes, I am definitely filing an abjection to their SD. I'm working on it now. But I didn't know there was a time frame on that. I'll do some digging to find out. I know on motions, there is, so I'll check. Thanks. Savior. . . . .Ya, I read the part 4.3, that's what I was trying to refer to in my earlier post, (I don't always post so well),. so I will be sure to bring it up at the pre-trial. As you all say, you never know, I might get lucky. (sure could use that). I plan to go to a few trials or hearings next week, to see what it is like, and what I need to do to prepare for pre-trial. Thank you all so much for all of your patience with me, I'm a very slow learner, but I'm willing to work, so I'll keep on plugging away. I wish I was more adept at using the internet, I'm sure it takes me twice as long to find stuff and filter stuff out, but I'm learning that as I go along too. I'll probably post my objection here soon for any input you might have. Thanks again.
  13. Yes, Savior it is disheartening. So. . . I'm assuming that will not be allowed. But I'm also reading that I do not have to file a motion, they are automatically deemed admitted, (if the judge would allow it,) I just have to make the court aware of it. Here's my timeline: Discovery opened on 4/24 (for 42 days, which brings it to 6/5) 5/6 ROGS sent by Plaintiff 5/28 ROGS answered by me 5/29 ROGS sent by me (just POD) 7/12 RFA sent by me OK, I do have another question. The Plaintiff filed and sent me a witness and exhibit list. On the witness list, it says "keeper of records for FIA card services." In my ROGS I requested : Copies of all reports and documents utilized by an expert which plaintiff proposes to call at trial, including the name, address and job title as well as what they will by testifying about. His answer was: Plaintiff will not call an expert witness. so is the "keeper of records", not an expert witness? So now I need to get my objection to his leave request finished and sent in right? Forget the RFA's? According to my estimate they are way too late to file a DM. Should I include that somewhere in my opposition?
  14. The judge set the time for discovery for 42 days, dated 4/24. This came in a letter from the court. Case preparation and scheduling order. 1. Discovery is granted and shall remain open for 42 days, which period may be extended upon request and in the court's discretion. 2. Dispositive motions and motions to amend or strike pleading shall be filed within 21 days of the close of discovery. And then a couple of points about the pre-trial and trial. Is the opposition the same as a motion? Do I have to pay to file it?