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What would you do?


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California, Sued by JDB, HH Bank is OC. $5,000

So here is where we are:

I have successfully vacated the default, the default judgment, set aside the writ of execution and the levy. Unfortunately the plaintiff still has my money but thats another issue.

Right now I'm in discovery. To make things difficult I moved very recently, and the process server served me by "personal service" at my old address (didn't serve me at all)

I just got a letter from the attorney asking me to reply to their request for docs, interogs etc by monday. I dont even have a copy of their disc docs.

Should I motion to quash service?

I also have case mgmt on weds, and their answer to my interogs and request for production was halfass at best.

What would you do?

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  • 4 weeks later...

Update on case.

So I had a motion to quash the writ of execution and vacate the levy on November 1st. My motion was granted, which means that the CA has to write me a check for just over $5,000.00. Woo hoo! They are pissed about that!!

Anyways, I made a settlement offer today, for $3,000 even. The terms were deletion of the CL, non-disclosure to CRA's, and dismissal of their new case, with prejudice. I actually called the office and negotiated over the phone at first, and we came to some sort of agreement, but when they saw my letter I guess they didn't like it.

They agreed to everything except the deletion of the CL. Why I ask? If you'll take $3,000.00 why not just get rid of me? Oh well, I guess they can sense that the deleted CL is important to me and it is there strongest bargaining chip. I think they have picked up that I'm not afraid, nor overwhelmed with the court process as I have pretty much whooped them on everything so far.

Here is about how the convo went after they got my offer letter. It was kinda funny.

CA: We can't accept your offer because it is a Pay-for-Deletion, and that is illegal.

Me: No its not. FCRA only says what you report has to be accurate.

CA: Um...uh we can't accept payment just to delete the record. That is basically paying us to delete it. We are in business to collect debts. The only way we are going to delete the record is if you pay in full.

Me: Let me get this straight. If I give you another $2,000.00, you will delete it?

CA: Yeah

Me: Wouldn't I be "paying you" for deletion then?

CA: Uh well uh....no you would be satisfying a debt.

Me: I want to be clear that this is my last and final offer. As I explained this is an attempt in the spirit of compromise to settle this manner. As I have explained this account is now past the statute of limitations and you will likely end up with nothing if you do not settle. (Well you will still have the mark on my credit).

CA: Uh...let me go back and re-review your file and I will get back to you tomorrow.

I have mixed feelings now. On one hand I just want them to take their money and end this BS, but at the same time I want to make them suffer for being stubborn. We will see tomorrow what I need to do next.

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Well, at least an offer to settle isn't considered a promise to pay.

Since you've made the offer, why not have some fun with it. Call them up and tell them that your offer goes down by $500.00 every hour for the next 6 hours. Once it reaches $0, they're out of luck. :lol:

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I was under the impression that if your debt was past the SOL you couldn't be sued at all. Is this incorrect?

You can be taken to court for a debt that is time barred, or past SoL. You can of course use the Time Barred arguement as an affermative defense.

There are also only 2 or three states that have laws that do not permit litigation once the SoL has passed. I do not believe California is one of them.

StressPot

-If I'm incorrect, please let me know!

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So I never got a call back. I guess they want to go to battle. I guess that makes sense since they are playing the numbers game.

The reason I am willing to settle is I think court might be a crap shoot. If the judge is anti consumer, I could end up with a judgment. That would be a disaster. Clean credit is my main concern so 3k is worth it to me to mitigate risk. I am confused why they seem to want to go to trial though. I am going to file a motion to dismiss based on time barred accounts and then call and offer one more time, same amount.

Question: Has anyone tried to negotiate over the phone this late? I mean I of course would like to do my mail but the back and forth could take months and all the while I'm accruing interest. Should I avoid the phone even if I know my rights, the case, the law etc?

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