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maryv
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Hi all! I had a court hearing with LVNV's lawyers last year and I agreed to go to trial and the trial date was rescheduled for next month. Anyhow my trial date is coming up and a few months back they sent me a letter to settle the account for 60% I never responded to it because I don't have any money and LVNV are scumbags. The trial date is now a few weeks away and I just received ANOTHER settlement offer from LVNV's lawyers to settle for 50%.

I am hoping by them sending another offer to settle means they are desperate to settle because they don't have any evidence (as is usually the case) and can't prove what they are saying. The debt is old and thanks to Recovering Attorney (as always) he provided me with some suggestions on what I could say in court.

Here's my question, is it normal for a JDB or the atty for the JDB to try to settle the case TWO TIMES. I know if they try to settle one time that's pretty standard but TWO times? Or am I just reading too much into the second settlement offer.

As always, thank you for your responses.

Have a great day!

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Keep in mind they paid PENNIES on the dollar for the 'right' to harrass you about this alleged debt. Say if it was $5000, they may have paid as little as $5 for this alleged debt.

So 50% 'settlement'($2500) on an 'investment' of $5 is a pretty good return.

up to you if you take it, depends on what you are trying to accomplish here....

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Thank you for the response.

I'm not going to settle with them. Heck no! besides even if wanted to (AND I DON'T) I don't have (It's 10K) 5K, shoot I don't have 5 cents. I was asking only because I hope they don't show up (highly unlikely) and if they do, they can't prove diddly and the judge rules in my favor. I would only settle if they said, pay us $10 and it's settled. Then I'd pay the ten bucks.

What I'm trying to accomplish is them losing and me winning and not having to pay one dime. That's what I'm trying to accomplish. I was just trying to get a read on why they are trying to settle and if it's because they know they don't have evidence and know they will lose in trial that's all. :)

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No I didn't DV them. But I'm betting they don't have the proof and that's why they are trying to settle the case. At least that's what i'm hoping for. Actually, if they didn't show up for trial that would be ideal, but they probably will and will probably try to settle with me in court but I won't settle. :)

Well I would if they would take ten bucks.

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Debt buying is a fast-growing business in the U.S. Just because a debt buyer claims they are owed money from you in court or in a letter doesn't mean they are entitled to anything. Many of the debts they purchase are undocumented, not beyond the statute of limitations, or legally invalid.

If you are being dunned or sued by a debt buyer, it is important for you to understand your rights as a consumer. You may have a valid defense to the claim -- or you may have a claim against the debt buyer.

The Federal Trade Commission reported with regard to a lawsuit filed in 2004 that accounts enforced by the debt buyer may came from "consumers who never owed the original debt in the first place. Many consumers pay to get [a debt buyer] to stop threatening and harassing them, their families, their friends, and their co-workers." (http://www.ftc.gov/opa/2004/12/camco.htm)

Likewise, the Attorney General of Minnesota in 2004 sued two collection agencies that represent debt buyers. According to the Attorney General, the companies used illegal tactics such as ignoring written disputes filed by consumers to coerce those consumers into paying invalid debts.

Even if you know the debt is valid, you have the right to know that the debt buyer actually owns the debt. The debt buyer must be prepared to provide you with a copy of an assignment of the debt that specifically refers to the debtor by name, address, and account number. Also, beware: making even a small payment may revive the statute of limitations on an old debt which would otherwise be uncollectible.

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I have a courthouse meeting with LVNV coming up as well. I am reading up and researching so that I am prepared to do battle if I need to.

Anyone ever have them actually produce the media needed to prove a case? The Attys for them have not contacted me for anything. They have not repsonded to my requests for validation (months ago), they have not produced any documentation as of yet and no settlement offers.

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I have a court date with the attorneys for LVNV later this month. I will let you know how it goes. The attorneys for LVNV just sent me a second letter to settle the case for 50% a couple of months ago they sent me a settlement offer to settle for 60% and I never responded. I think they sent me the second one since the trial is fast approaching and they don't have any proof that I owe the debt. I'm hoping they don't show up even though they probably will.

Anyhow, to me, I think if you had proof you wouldn't offer to settle for half if you can get all of it. Just my thought, but I may be wrong. Hopefully I'm not.

After the court date, I will post here and let everyone know. Hopefully it will be good news.

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