tvaughn

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  1. That’s exactly what they did. As far as enforcing the settlement agreement, it says that if I fail to pay in accordance with the terms set forth in the stipulation the plaintiff shall be entitled to obtain the entry of judgment against me ex parte for the total amount, plus court costs, less credit for any sums actually paid.
  2. So I just discovered that a judgment was entered against me despite the fact that, as requested, I returned the signed stipulation of settlement BEFORE the judgment was entered. I just reached out to the opposing attorney to find out what happened here, but it seems like the court missed/ignored the stipulation of settlement AND the plaintiff’s request to withdraw any outstanding motions filed on behalf of the plaintiff.
  3. @fisthardcheese @pulpfiction0 I kind of have mixed emotions about the whole thing, but I can’t go back and change the results so I just have to move on. The only thing I would like to add is that I did have to use an unconventional method in order to get them to agree to the stipulation of settlement. I’d rather not post the details publicly but anyone who is really that interested should feel free to PM me.
  4. Is there any type of notification/alert system that I can sign up for that will automatically email me if any further action is taken against me in this case? I know I can keep checking online every so often for any new filings, but it would be nice if there was a way to be automatically notified of any new filings by the opposition.
  5. It wasn’t Discover, but no they did not.
  6. I agree. I will reply that I accept the offer. Should I post the settlement letter here for review before I sign off on it?
  7. So I managed to get them to offer a stipulation settlement with a default clause. I don’t think I’m going to do any better than that at this point. If the worse case scenario happens and I default, I’ll be right where I am now facing a judgment.
  8. So I’m realizing I’m going to need some more time to get my ducks in a row here (court is scheduled to render a decision on 5/24 and the paperwork was filed by the opposition on 5/7). How do I go about requesting some more time so I can put together a decent motion of my own?
  9. How lucky am I to be blazing a new trail here?😉 At this point I am simply filing a motion to oppose the award, correct? Do I have to notify the other side or do I just send my opposition, motion, exhibits, etc to the court? I did not receive any type of notification from the opposition for what they filed, so I'm assuming I should do the same.
  10. That's definitely an interesting strategy and certainly worth considering since anything is better than a judgment at this point. I'm not sure how well it would work though since the "Proposed Order" does ask for the amount of the original arbitration award plus a few hundred dollars in additional costs, which I assume are the additional costs associated with filing the motion. I would essentially have to "cherry pick" the amount stipulated in the letter brief, which one would assume is a typo. I'm not sure how I would ask them to agree to that lower number without either referencing that specific document OR that specific amount. Either way it would point out the typo, right? I don't know enough about this stuff to even know if that error being in there helps my case in way. Am I better off trying argue that the arb org didn't follow their own rules regarding fees, arbitrator partiality, etc?
  11. It is significantly lower than the original debt. The arbitrator did not tack on any fees anyway, but the number listed in the letter I am referring to is less than half of the original debt. As I said, I’m guessing it’s a typo or maybe it’s a number that was just left over from a template that they used and they forgot to change it. I don’t know if it’s even significant, but I’m just looking for anything I could possibly utilize here. I’ve already started to put together a list of items from the arbitration that I plan to use to make my argument against a judgement. If you’d Ike to take a look at what was filed, I’d be happy to share the info with you via PM if that’s allowed here.
  12. So my email asking to settle was ignored. I checked the court records today and see that an attorney (not either one of the opposing attorneys I dealt with in this case but from the same law firm) has filed to have the arbitration award confirmed and entered as a judgment (the filing was done on 5-17-19). I have not received any type of notice in the mail yet. Looking at the case jacket online, the docket text states, "The motion filed on 05/07/2019 will be decided on 05/24/2019. Do not come to the courthouse because no oral argument has been requested. The court's decision will be provided to you. Re: MOTION CONFIRM ARBITRATOR/ENTER JUDGMENT)." I'm assuming that the attorney I emailed about settling either left the firm or just passed the case on to another attorney since I never received a reply to my settlement email; however, I guess that doesn't matter at this point, right? One thing I did notice is that in one of the documents filed (it's listed as Brief/Letter Brief), in the Conclusion paragraph the attorney is requesting that the court grant its motion and enter a judgment against me in an amount that is different AND well below the amount in question. I would guess that it might be a typo, but I'm wondering if it's anything that can be exploited in any way. What is the best way for me to proceed here?
  13. @Goody_Ouchless You are correct - that's pretty much exactly how it went on the other board. They made it sound like the other side would just run away once I initiated arb proceedings, but that was clearly not the case. And then they almost made me feel guilty for doing it. @Goody_Ouchless@fisthardcheese If I offer 75% of the amount in dispute over x number of months, is the goal to actually get them to agree to that 75% number or am I looking for something less than 100% but greater than 75%? There isn't much leverage for me here.
  14. Thank you to all for your replies. This is obviously not the outcome that I had been hoping for here, but I was clearly up against it from the beginning. I am quite certain that I have pissed off the law firm to the point that there is no way they are going to want to make any sort of deal with me. Given that piece of information, what would you guys do? I understand what you are saying about trying to somewhat control the situation, but do I still wait for them to try to confirm the award as a judgment first and then try to deal or do I reach out to them before that knowing that they are likely to ignore any settlement offers just like they did in the past?