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SoCal Somewhere

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  1. 2017 OC Lawsuit w/ Barclays Bank Delaware sued by Suttell & Hammer. Went through the response process, decided to settle for 75% in Dec 2019. S&H sends me a basic agreement letter with payment terms. Fine. I diligently follow the terms outlined in the agreement letter for 17 months. So, far so good, yes? BTW- ROA Status: "Court ordered entire action dismissed without prejudice" Feb 2020 Only in late March 2021, over 1 year later, S&H attorney sends me a proper Stipulation for Entry of Judgement via email along with an apology for the "delay" and for it "falling through the cracks". (Seriously?) The attorney also asks that I contact their office immediately if the terms of the stipulation do not conform to my understanding of the agreement, which they do not. The settlement amount outlined in the stipulation is the same as the original agreement letter from Dec 2019. However, dates are not aligned. I'm scheduled to be done with my payments in Nov 2021per the agreement letter. The stipulation has me continuing/completing payments through Jul 2022. What's going on here? I'd like to think this is just a simple typo error on the dates. Is there such a thing as scheduling an Ex Parte with the Judge to explain that I've been making payments aligned with the original agreement, sans stipulation? Why would S&H wanna 'eff this up? UPDATE: as I write this, S&H attorney has emailed an updated stipulation conforming to the agreement and understanding that I've been operating under. So, clerical typo errors on those dates? Who knows. Confusing, maddening AF.
  2. I ended up going the settlement route. Decent/workable terms. Also, because all this stuff is being done remotely, cannot risk a default judgement due to technology mishaps. (Bandwidth, wrong platforms, wrong numbers, etc. It happened to me prior, on a hearing.) Thanks for your input. Everyone up here has been nothing but helpful. Best of luck to everyone.
  3. No, unfortunately, I have not. Whaddya think? Time is the issue for me here. Is there such a thing as asking for a continuance this late in the game? On one day’s notice? To buy more time? 😕 Thanks!
  4. Trial date soon. I know I'm woefully underprepared. I just sent my discovery out back in early December. Received their answers back today. Standard stuff- canned denials. Their "exhibits" don't show anything different than what was included in their original complaint. Just account summaries. Pretty much what I expected. Trial is scheduled to be tele conferenced. I'm also weary of that because I was left out of a CMC because nobody thought to come and bring me into the meeting. Waited on the line for over an hour. I'd hate for that to happen for my trial and be mistaken as a "no show". I've called the court clerk to make sure they know that I will in fact be there for my trial. Thanks for checking in on my thread!
  5. I had some movement on this case with a Case Management Conference. During COVID, things are being done by telephone/video via Microsoft Teams (No Fees) or Court Call ($$$). To a defendant, this feels like a disadvantage. I'd much rather be in person. I called in at the designated time using Microsoft Teams and I was put on hold for over an hour. While on hold, I called the court clerk several times, left messages-no response. My designated court time came and went. The court simply moved ahead without my presence and a trial date was established without my input. As you can imagine, I was pretty ticked off. Trial date soon. I put together what seemed like a bare bones discovery package of Request for Documents and Admissions and sent it off to the plaintiff/attorney. In the meantime, I offered the plaintiff/attorney settlement. They seemed interested. I've also called the court to ask them if I could appear in person, explaining the previous problem I had with their remote services. No dice. Everything must be done remotely because of COVID.
  6. End note- I ended up settling with OC. $150/month for 2 years. No problem. Straightforward. Case dismissed with the court without prejudice.
  7. That's what I've seen here. Waiting on settlement documents to be drawn up and sent to me. Feels like wobbly ground I'm stepping out to. What kind of language should I be wary of? From what I've read, these settlement details seem like a back way to a default judgement of some kind? Yeesh.
  8. Unfortunately, I'm not aware if there was or not. I've seen other comments regarding strategies JDB vs OC. I won a JDB case earlier this year, and just under the assumption that rules/strats are different because this is an OC. OC trial pending, discovery pending. Settlement offer has been briefly discussed, but no details.
  9. Seaward- Thank you good sir! By your knowledge, is this worked out with OC's attorney? Or, should I try and contact OC directly? I'm kinda over the barrel, chaotic finances over the past several years and simply don't know up from down. But, trying to clean stuff up, etc. etc.
  10. Team, Pending lawsuit with OC. What is discovery like for an OC lawsuit? I understand discovery for this is different from a JDB. What should I be doing different in this case? The things that I'm reading suggest settlement as a better option. Not opposed to settling, but I have nothing in terms of a lump sum payment. How will that play out if this gets to a judge? I simply cannot pay. I can pay over time, like $100 a month. Is that even a position to negotiate?
  11. I've responded to summons and round of discovery/ request for admissions. Just recently received an "At Issue Memorandum". Looks like we're getting into the final rounds here. Any advice on how to respond to their "Memorandum"? Is it best to just respond with a Counter Memorandum saying discovery still to come?
  12. Alrighty- Next up for me is Cavalry SPV via Winn Law Group: Alleged amount $XXXX Complaint answered. I received a canned and highly convoluted set: Request for Admissions, Form Interrogatories and Special Interrogatories. I found a very helpful thread up here from a year or two ago that used the EXACT same content. So, I borrowed from that thread and sent along my responses. My plan is next to send them my own Discovery/ Request for Documents. Stay tuned.
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