Answered complaint, how can I settle?

[pizzaerick]

There is really TOO MUCH info here! While I am sure the answer exists, i haven't found it yet...

My situation...

Divorced, lots of stuff floating out there, not all of it mine, but I am getting hammered for it.

For a long time, I didn't know any better. I left letters unanswered. I have no requests to verify or anything like that to fall back on.

I was served a summons, and I answered complete with counterclaims. I feel very strong about them. The complaint itself gave me fuel for counter claims.

The reply is on it's way but probably not in the hands of the JDB lawyer yet. Let's be blunt. I am willing to follow this all the way through. What they are doing is dishonest, and I will not roll over and play dead. To start with they claim the original debt as an amount triple the credit balance I had from the OC, and the interest as only about $100.

At the same time, I have no desire for blood. I am willing to offer a reasonable settlement. Save me the cost of filing fees.

Anyone know of a good settlement letter AFTER a summons has been served? It has to make the lawsuit go away.

Does the attorney have the power to settle?

Since all I've done at this point is answer, does anyone think they will settle right off the bat, or am i going to have to keep this up for months?

Your reply is appreciated.

PS, they have not filed with the court yet. I believe thy are just fishing for a default. I have clear grounds for a dismissal. Can I file for a dismissal right now even if they haven't filed with the court yet?

[x-ray]

If you want to get a case dismissed for...

You MUST RAISE the defense in your answer the first time you appear in court.

You MUST ASK the court to dismiss the case for .... Sometimes this means that you will have to file special papers, called a "motion to dismiss," before your first court date is scheduled.

Call the clerk’s office, they should tell you how to file a motion to dismiss.

[bubbaboo]

Some will settle for pennies, others want the whole thing, including interest. It depends on the attorney, the creditor, how much is owed, how old the debt is, what chance they have of collecting if they win the suit, how much it will cost to pursue the suit, whether the debt is owed by the collection agency or they are just collecting for the OC, and many other factors.

If you want to post more details, someone here might be able to give you an idea.

[pizzaerick]

The amount they are seeking is less than $1,500 (triple the original credit limit)

The plaintiff is the guys with 4 initials starting with L

As for the motion to dismiss, no problem, I can file that, the question is when.

As for settlement. All the letters I see here seem to deal with before a suit has been filed. I want to settle a suit, make it go away and never come back.

With filing fees etc. It will cost me as much to go to court as to settle (assuming all my counter claims are thrown out). If they settle now, they win too. Unfortunately, logic and lawyers seldom meet.

The amount I wan to settle for is what I believe was the original balance with the OC but way less than they are claiming.

PLEASE, I do not want to make money off of this unless I have to. I understand all the slime-ball stuff, but my goal is not to "stick it to" anyone. I just want to move forward and move on.

After this I will look at next steps to prevent another from happening. The hardest part is that this is all the result of an ex-wife. Any money I would have to settle other debts goes to her in alimony and child support. Sad really since the child lives with me! Go to court for that? Money up front I don't have (yet).

"She got the goldmine, I got the shaft."