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Help needed understanding 'Settlement in Motion' process??


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Guest helpneed

I've searched this forum and unable to find anything...

Background:

1. I'm being sued by OC Attorney.

2. I responded with Answer.

3. I submitted 'Request for Documents' to OC Attorney.

4. I received Request for Docs, Admissions and Interragotories from OC

attorney.

5. I submitted a settlement offer to OC Attorney and OC for 80% in 2

installments.

6. Received letter from OC Attorney stating acceptance of offer.

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The OC attorney letter states "Please contact me so that we set the process of settlement in motion". "We will leave the lawsuit open until final payment is received and all checks clear, then dismiss the case with prejudice"

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My questions are:

1. What is the settlement in motion?

2. Do I need to request a copy of it or sign it?

3. Will the settlement in motion be filed in court and how will I know it's

been filed?

4. Do I still need to respond to the Request for Docs, Admissions

and Interragotories documents from OC attorney if they file a

"settlement in motion process?

5. Will a court date be set if a 'settlement in motion process' is filed in the

court? Basically will I not have to go to court? How will the judge know

my settlement offer has been accepted by OC Attorney and there's no

need for him/her to rule on this case?

Please help... any and all advice is welcome on how to handle this specific situation!!

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1. Who is suing you? OC Attorney

2. For how much? 2K

3. Who is the original creditor Discover

4. How do you know you are being sued? Received Summons/Complaint

5. How were you served? Were you served? US Postal Mail

6. What was your correspondence (if any) with the people suing you before you think you were being sued? N/A

7. Where do you live? IN

8. When is the last time you paid on this account? 2005

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). Checked website nothing there yet.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes.

12. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No.

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What is the settlement in motion?

It would be nice if lawyers always spoke english instead of lawyerese so that we'd know when they were actually using words to mean what they say...

I think what the lawyer is saying is..."Please contact me so that we set the process in motion toward reaching a settlement". In other words...he's not making a motion...he wants to move the settlement process forward...

And...the implication of this is that he's going to stop the court proceedings, but leave the paperwork on file so that they can proceed with the suit easily if you default. In other words, NOT do anything further with the court, but leave the possiblity hanging over your head to make sure you play nice...

In any case...you do need to make sure you understand all this before you agree to anything. You're right to be careful...

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Guest helpneed

Can I file a motion to dismiss stating acceptance of settlement by OC Attorney?

What should I do in this case to protect myself? Basically how do I inform the court that the OC attorney has agreed to the settlement amount?

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I honestly don't know. From other threads I've read here, I'm guessing that the lawyer will either go ahead and file the papers to get a default judgement saying, in effect, that you agree to the settlement...or, the lawyer will ask for a continuance and just hold onto the papers until you pay up.

If you can't afford a lawyer of your own, then be very, very careful. Make sure you understand everything...

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The OC Atty doesn't always go after the judgment.

I had one case where the court started by asking the litigants if the stated debt was theirs. (I didn't like the process. It makes it hard to force OC to prove the debt first.) I knew that they could prove it, so I admitted the debt was mine. We were left to go "negotiate" in the lobby of the building. Essentially, it boiled down to: You owe this. Plus 1 atty's fees. You pay us in 3 equal installments and the case will be dismissed. (It was in writing right then and there.)

I paid accordingly, and after my 3rd installment, the OC atty filed the motion to dismiss, which was granted and then mailed me a copy. They got paid and I remained judgment free.

I think that it is plausible that the OC atty is willing to work with you and that if you settle this out, he will be willing to dismiss the case and you save yourself a judgment. I would ask the OC to document the agreement and that if you paid as agreed, he would dismiss the suit. The good sign is that he is putting the case on hold pending this settlement.

I wish you luck.

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