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About HorseTears

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  1. Thanks for the tips, guys. So, I spoke to the plaintiff attorney. She got my settlement offer letter and immediately presented it to the plaintiff. She said this particular plaintiff is good about responding right away, so she anticipates having an answer from them tomorrow. If they accept the settlement offer, do I still need to file this motion for continuance of the CMC? Either way, I did mention to the attorney that I had a CMC scheduled this Friday which I could not attend due to work conflicts. She was fully under the impression that the settlement would be accepted and that a conti
  2. Okay. I effed up. I can't believe I did this, but I marked the wrong date on my calendar for my Case Management Conference. I had it down as August 31st. I was just looking the paperwork over and noticed I'd marked down the wrong date. The CMC is scheduled for this week! Now, as you can see from my prior thread, I've decided to settle my case. This morning I dropped a certified letter in the mail to the plaintiff attorney outlining my settlement offer and also left her a v/m inviting her to call or write back with a response once she's reviewed. I think they likely would settle, but n
  3. Yes, sounds like it's probably the same firm. I sent you a PM regarding this. Cheers. Thanks! I'll look for Nascar's post.
  4. Ha! Coltfan, you're awesome. Thank you for taking the time to write me a thoughtful response despite the fact that my decision is making you gag. Has anyone on here settled (during pre-trial, that is)? And if so, any tips? Should I start low and offer 30%? Should I ask them to offer the first figure? (Probably not, I know). But any tips on the negotiation would be appreciated. Just wondering what would be realistic in a case like mine. And, if anyone has info on the official legal document(s) I should be using, please let me know.
  5. elite - thanks for the correction. I made the change above. I work in marketing, not the law. As for timing - yes, the CMC isn't for another 10 days, but a - I can't attend that so want to get this resolved before then. b - My boss just let me know I may be going to the UK next week for a few days, so with travel and time differences I need to get this resolved Thanks!
  6. Hi Everyone - really appreciate all the great feedback this board has provided. I have an update on my case: I have decided to settle. After you've calmed down (ha!), if you'd like to read the reasoning behind my decision and offer me some tips on the best way to settle the case, please read my new thread. As I state in the new thread, I'm not really interested in hearing reasons why you think I shouldn't settle. I've outlined, in detail, in the new thread exactly why I've chosen to settle. I appreciate the sentiment that JDB's are scum who pay pennies on the dollar for their junk debt pur
  7. A couple of months ago I was served. I was being sued by Asset Acceptance for a CitiCard debt they purchased. At this stage, I need to prioritize some items in my life and dedicating the time and resources to fight a claim under $3k simply isn’t in my best interest. I’ve outlined the case below, my steps and the plaintiffs actions thus far and the reasons I am choosing to settle. If you already know my case history from the prior thread, feel free to scroll down to the last sections entitled THIS IS WHY I WANT TO SETTLE and HERE'S WHAT I NEED TO KNOW. I need some advice on how to approach
  8. Hey Guys - appreciate the responses. Is there anyone on here who would be willing to take a look at the actual documents? I could PM them after removing my identifiable information. I don't feel comfortable just posting them publicly in here, but I think seeing the exact wording of documents I submitted to the court and the plaintiff attorney and seeing their exact responses could be helpful. Let me know if anyone's up for it. I'm traveling for work right now and have limited internet access but I'll be reading up on everything posted in the last day or two when I get back from my biz tri
  9. Yeah, we can really stop talking about the SOL in my case. Not applicable here. The account was definitely active in the last 4 years. After I submitted the following to the attorney (and where applicable, filed with the court): PLD-C-010: Answer-Contract MC-040: Notice of Change of Address (so everyone was aware of my correct address) DISC-015: Request for Statement of Witnesses and Evidence - For Limited Civil Cases Demand for Bill of Particulars POS-040: Proof of Service - Civil The plaintiff attorney responded with a letter answering my Demand for Bill of Particulars and included a c
  10. Hey Tigger, thanks very much. I certainly would appreciate you reading through and giving your opinion when you get a chance. And if anyone knows exactly which form(s) I'll need to file as part of a "case management statement" that would be appreciated.
  11. Since, as the above poster acknowledged, his/her posting was not relevant to the discussion on my particular case (for which this thread was started), I'm gong to repost my last question.... Okay, folks. Looks like it's time to get lawyered up? I just received a NOTICE OF HEARING (SUPCT CIV-700) in the mail. It reads as follows: Any tips on what's next and what I should be doing to prepare?
  12. Okay, folks. Looks like it's time to get lawyered up? I just received a NOTICE OF HEARING (SUPCT CIV-700) in the mail. It reads as follows: Any tips on what's next and what I should be doing to prepare?
  13. Oh, Lord. I really seem to have done a number on this board. I don't know about you guys, but I had no intention of posting the exact specifics of my case on here. I changed the dollar amount and the name of the original creditor because I didn't want anything traced back to me on here. A bit paranoid? Sure. So that this doesn't devolve into a "Delaware vs. CA SOL" discussion: The JDB is Asset Acceptance However, the original creditor was not BofA but Citi. The dollar amount I'm being sued for is within a couple hundred dollars of what I quoted Everything else is accurate Ha. So muc
  14. Credit Reports: The card is no longer listed on my credit reports, but Asset Acceptance is. Motion to Quash: I've already submitted my Answer to the court and to the plaintiff attorney. Isn't it too late for something like this? I'll be submitting the $225 fee on Monday. Let's see how that goes.
  15. Hey all - Sorry for the confusion on #9 above. That last block of the standard Qs was just a copy + paste job from another's post and I neglected to delete that part. Just to clarify: I received (or my parents received on my behalf) the summons in early May. All paperwork was filed with the court and sent to the plaintiff attorney well before the 30-day period was up. I don't know the date of last payment. I know that seems ridiculous, but I was laid off three times in the last four years and after I wasn't able to negotiate lower payments on two credit cards, I just stopped paying.