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Everything posted by jmac17

  1. Actually it's a lump sum payment of $7389 to resolve the debt in full. They want me to sign the consent dismissal and send it back to them. My worries are the way that the consent dismissal is worded, it kind of makes it seem that they can come after me for the remaining balance. First off, it calls for dismissal without prejudice, which to my knowledge means that they can potentially come after me for the remaining balance? Also, in the consent dismissal it does state "installment payment". I just don't want them to act like I "re-affirmed" the debt or anything like that. It's nowhere close to statute of limitations or anything, I just have a general distrust for this firm after multiple phone conversations..
  2. So aside from this court document, I should ask for a written agreement from Cap-1's attorneys as well? I just want to be sure that after I pay the settlement amount I won't be on the hook for litigation or the remaining balance at some time in the future. So far, all I've received from the attorney's is this consent dismissal form, which they want me to sign and email back to them. My concern so far is that the consent dismissal form calls for dismissal "without prejudice". To the best of my knowledge this means they could still file further litigation down the road. Than again, it also states that the payment will be "full and final settlement", so I'm probably protected from further actions by that?
  3. I'm being sued by Capital One for $10,555. I've been served papers and I have filed an answer and we have a pre-trial date set of 6/16/21. We have come to an agreement verbally over the phone to settle this debt for $7,389. I asked for them to provide the settlement agreement in writing. Attached is the agreement that they sent me. Consent Dismissal.pdf
  4. Hi, thanks for taking the time to look at my post. I am being sued by Capital One, who are being represented by the law firm Weber & Olcese here in Michigan. The total debt owed to Capital 1 is $10,555.00. Back in May of 2020 Capital One contacted me (by phone) and offered to settle this debt with a one time lump sum payment of $5,800. I did not have the funds to settle it at that time. Also it was a scary time for me with the Covid 19 pandemic just hitting its peak and uncertainty if I would retain my job because of it. I received a summons last week to appear in court for the Capital One debt. I have since called Weber & Olcese agents trying to settle the debt before going to court, but they are not very willing to negotiate on the amount owed. I offered the Weber and Olcese agent the same $5800, and I made reference to the fact that Cap1 already had offered to settle for that amount. The agent said "there's no way we can do that." He did offer me a settlement of $8900, but I do not have that much money. I countered at $6456 - I have $6556 in my savings and I need at least $100 to get through to next paycheck - but agent said he cannot do that either...I followed up with the agent again a couple days later, and the numbers had changed - he said they could do $7600 - which still doesn't help me because I only have $6500 - he would not budge further. I have experience with Weber & Olcese in the past, as well as the Judge who will be handling the trial. I'm thinking maybe my best course of action is to file an answer with the court, and try to see if the Judge will listen to my pleas for a settlement in full for a lesser amount ($5800 would be great). Can a Judge even do something like this? I know when I had trial with him before alot of people were tried before me and I got to witness their defenses. Most people asked the Judge if they could make payments - usually very small payments in fact, and the Judge was very cooperable in allowing them to make payments. Can the Judge Order Weber & Olcese to accept my lump sum settlement? Or if it gets to court I will have a judgement and even less negotiating power....I am sending a settlement offer to Weber & Olcese for $5800 today because I want it in writing - all of our discussions to this point have been over the phone. I'm certain they will decline my offer. Anything else I can do? For those that have settled in the past does my $5800 offer seem unreasonable? I don't think the attorneys are even speaking with Cap 1, nor do they care that Cap1 had offered me a settlement amount of $5800 in the past. It feels like they just want to "win". If they do "win", and the judge orders a judgement of $10,555, I'm afraid I will have to file bankruptcy - and than nobody wins.
  5. First a little background. A few years ago I got into some financial hot water and stopped paying several credit card accounts in order to pay my mortgage and put food on the table. I had about 6 different credit accounts that were defaulted on. Over the last 6 months I have been clearing these accounts up by settling the debts in full with partial payments. There are 2 accounts remaining and both of the accounts are being represented by the same Michigan based lawfirm (Weber&Olcese). The accounts are as follows: Portfolio Recovery Associates: $1077 Capital One: $10,500 I was served a Summons in February for the Portfolio Recovery account. The summons included a copy of the bill of sale from Synchrony Bank to Portfolio Recovery Associates, a couple of statements from the underlying account (Synchrony- Discount Tire), 2 Affidavits, and a Certificate of Conformity. I filed an answer to the Summons within 10 days, disputing the complaints of the Plaintiff. I filed a Motion to Compel Arbitration with the courthouse several days later. Included in my Motion was a copy of the underlying credit card agreement and an affidavit stating that the credit card agreement was the correct agreement to the best of my knowledge - signed and notarized. I sent a copy of this motion to the Plaintiffs Attorneys. I recieved Notice that the Preliminary Hearing would be 3/31/21 I received in the mail a response to my motion "Plaintiff's Response and Brief to Defendendant's Motion to Compel Arbitration and Stay Processing with/ Proof of Service." Basically the response states that I've had plenty of time to request arbitration in the past, and that it is too late to do so now- as legal proceedings have already begun. Someone from the court contacted me directly and told me that I needed to file a Notice of Hearing to set a hearing date for my Motion to Compel - I completed the Notice of Hearing form and was given a date of 4/14/21 Today I received in the mail a Notice of Hearing on behalf of the Plaintiff - in which they are filing a Motion for Summary Disposition pursuant to MCR 2.116(c)(9) and (10) against me. The date is the same date and time as what the preliminary hearing was scheduled for, if there motion for summary disposition is granted does this mean my motion for arbitration may not ever even be heard? Importantly, included in there Motion for Summary Disposition is an argument that the Affidavit of Account was not properly responded to by me. It states "Thereafter, Defendant filed an Answer to Plaintiffs Complaint. However, Defendant failed to include a counter-affidavit as required by law. The affidavit of account statute, MCLA 600.2145:MSA 27A.2145...." My strategy for these two accounts was to file an answer with the court so that I would not have a default judgement against me. Then my hopes were that I would gain some leverage in order to settle both of the accounts at the same time. So far, the discussions that I have had with the JDB attorneys have not been fruitful in trying to get an amicable settlement agreement. They are not willing to budge much. Was my strategy wrong to begin with? Do the JDB attorneys have a leg to stand on with there claim that my failure to file a counter-affidavit should allow them to obtain a summary disposition. Sorry if some of the legal terminology is incorrect. This is the first time I have ever been involved with any type of legal matter and I have to look up the definitions of alot of these legal terms. I am feeling a bit overwhelmed, I guess I thought it would be easier as there is an arbitration agreement included in the Synchrony agreement. These attorneys are fighting tooth and nail though, and its clear they've invested alot of time and energy into beating me. It almost feels like they are taking it personally!
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