c m chase

My Case **I WON**

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This case is in state district...not federal. That's ok though...I have them on a TON of violations (state and fed) AND they keep doing things that are against local district court rules. (They didn't answer my counterclaims STILL, they won't answer my discovery - they have until Tuesday, they filed a false certificate of service, they hired a lawyer and didn't file an entry of appearance).

Thanks guys...I think I do want to keep going. If not, I will think up a kickass settlement. Good call with the good faith gesture, Methuss.

Should I mention to them in my next letter that I have 10 other violations on them? I think at some point the others would make a big impact...because I can file in federal for those.

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Don't let them off the hook. They will cough up the cash.

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Methus idea isn't bad at all...

But you are right Chase! You have a VERY solid case. VERY SOLID. At everyturn you have researched and read and labored over this. YOu have done all you are supposed to do. They are the ones that keep making mistakes, not following the law. Which is probably why they are trying to get dismissal there, they know they are wrong. I understand you aren't out money but they need to pay one way or another. With enough people fighting back... you can start hitting where it hurts. (The only time anyone pays attention for the most part is when their checkbook has to do some talking) You never know when YOUR case is the one that tips the scales, that makes them realize they are wrong, that makes them straighten their act some, that encourages someone else to stand up for injustice and follow your lead. I am siding with DocPC.. keep going with it.

And if you do.. share you xanex with Shellie ;) hehe.

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Ask for $40K and settle for $30K. If they don't want to play say ok then $60K.

Do not let them get away with it. Their insuance carrier with probably end up paying, not them.

Way to go!!!!! :BigDance:

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Just don't agree to a non-disclosure agreement on any settlement, should you go that route. An NDA will make it non-publishable and others won't be able to reference it as prior history should they do it all again.

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Just don't agree to a non-disclosure agreement on any settlement, should you go that route. An NDA will make it non-publishable and others won't be able to reference it as prior history should they do it all again.

Excellent point... get em Chase

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I didn't mention this part. They're so desperate for me to dismiss my case (HA) that they included (with the completed dismissal for me to simply sign) a self-addressed stamped envelope. :shock:

Wow. How loudly can you say "You're kicking our asses, Chasey!" :roflmao:

Of course, they added "...I have little doubt that we would ultimately prevail and obtain a judgment..." Riiiiiiiiiiiiiight. So you're fighting like hell to get me to give in. Nice. Way to fight for your client. :roll: Morons.

And I wonder why they made up an order to dismiss WITH prejudice? Hmmm. :hmm::roflmao:

:<img src=:'> xFlowersx

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The more you hit them with the harder their insurance carrier is going to lean on them. Once you have won, then you can FAX the decision to the state AG, the Bar Assoc, etc and make life even harder for them. All this will likely make them begin to clean up their act. In my state once they are found in violation of either the FDCPA or the State Collection Agencies Act, the Director of the Department of Licensing MUST suspend their license.

I take the position that when I have filed, I am in it for all the other consumers out there. You know "least sophisticated consumer"......

Hang tough and nail them to the wall, I say!!!

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If you don't get 30-40k, I will personally put turds under yer house.... 8-)

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I *certainly* don't expect anything close to $40K. :shock: You guys have even higher hopes than I do!!

:lol:

(note to self...install security cameras and put pit bulls around base of house)

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If you don't get 30-40k, I will personally put turds under yer house.... 8-)

Her beagle with just eat them...... :shock:

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LOL Reddog... :lol:

We still love ya Chasey.... Just get us a few bucks. 8-)

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CM, take 5K, nullification of the debt, an agreement to dismiss with prejudice, and sign the NDA.

In reality, TRIAL is expensive and MSJ's are tricky. Costs mount up quickly, and it is always a gamble with the jury. Take the money, put a tick in the win column, and let them wallow in their loss gracefully.

Just my two cents....

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For those following this thread and to keep everything all together.

Yesterday I sent the offer to settle with the law firm. After lots of debate and personal struggle with the amount (mainly because I'm scared to death), I set the amount at $20,000 - that way there's lots of wiggle room. (That $20,000 was dropping this case and the federal case I have pending against them, which in itself has $35,000 in statutory damages)

Their Discovery was due today...so far, nothing. They didn't even attempt to answer it because they assumed I'd think mutual dismissal was a good idea. That means, if we can't come up with a settlement that suits us both, we're continuing the case and the judge will be PO'd that they didn't attempt to answer Discovery...nor did they ask for more time.

EVERYTHING they've done so far has had lack of ANY good faith whatsoever. They never answered my counters. They didn't answer or respond to me when I sent them a nice letter reminding them they had to answer the counters. I needed more time on Discovery and sent them a request for more time (which you're supposed to do, according to the local rules). They never responded in any way...to say yes or no. They just ignored me. They never answerd my Discovery, never asked for more time, etc....just assumed I would let it go.

If we DO go in front of the judge, he's not going to like their behavior much. As much smack as I talk on the net, I've been very proper and cordial during the whole process. *shrug* Oh well....the good guy always wins in the movies, right?? 8)

Anyway....there it is. Settlement is underway.

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Send a "meet and confer" letter to them identifying that they are late with their discovery responses and that any and all objections are thereby waived. Ask them to send you complete verified discovery responses without objections within seven days or you'll have to file a motion to compel their responses. Invite them to call you at their earliest convenience if they have any questions.

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I'm a painter. I have enough white clothing to dress Heaven.

None of which can be worn at a traditional wedding.....

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You would know, Doc. :wink:

CRDT...while that would be utterly FUN...I don't think I'll go that route yet. I want to see what (if anything) they'll say to my settlement letter. And if they don't, we're set to meet in front of the judge in a couple of weeks anyway. I'm sure ol' judge will have quite a time with them. :D

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Well, do as you will, I just think it would look great that they squirm even more with the fact that you sent a meet and confer letter requesting their discovery responses. Hopefully, they'll accept your settlement offer, and you'll be done with it, and then you'll be off to fighting for your kids, since you have childsupport judgments on your record... 8-)

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