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My first win in court.


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Hi all, I want to tell you about my first win (with stipulations) against a jdb, a law firm representing LVNV, assignee of GE Capital, assignee of OC.

Now, I knew this was bs going in, any time you see all those assignee's, you know they have nothing on you but, this was only my 3rd time approaching trial in court and I had to clean up mistakes in all three cases meaning, I had not read enough on this board and did not understand the rules of the game. So. I'm telling you read this and read it again until you understand it and call them and support them if you need to, it's worth it IMHO.

This case was for an old CC debt, consumer credit from a big chain. Bench trial was scheduled for the 30th of this month, we had had one pre-trial during which I do not remember if I admitted I owed anything on this or not. (very important) It's also really important that my wife is named in all these and I have never once brought her to court cause if I did, she'd sink my case, I'm not going to explain any more, you just have to trust me, she'd admit it, and that would be it.

So, this trial snuck up on me, and I quickly filed a motion to compel documents 2 weeks ago, knowing they probably had no paperwork due to the long chain of custody. Today was the hearing on my motion to compel. I was sitting in court and they called me and the woman lawyer asked if she could "talk to me" and go for second call. I knew right then I had won. Why? cause if she had anything she would have stuck it to me right there.

So we meet outside and I say do you have any papers and she says no, and she has a lot of leeway to settle. Again, I know I won but I have to be careful I can not risk ending up in front of the bench with my wife. We go back and forth and she says, pick a number, I say 20% and she says fine. The total with fees was like 12k, she writes down 2,259.95 or something and I say, how about 2k? Fine, she says.

Now, I know you are all saying you could have pushed her and walked for nothing and I think you are right but, the trial was next week, with a little haggling the court let me sign without my wife being present,(the lawyer mentioned she was technically in default, since she has never shown,) and it's all over. In my book, that's a win. We did not even have to go back into the courtroom. No more interest, penalties or charges, as long as the balance is paid according to the agreement.

Now I mentioned I did not ever want to hear about this again, and I did not want any more debt collectors coming after any unpaid balances, and would I get paperwork to support that. Should I be looking for anything specific? I know the court is sending me a judgment with an agreement to pay, and the trial is canceled.

I have a couple more to settle, the rest all got timely DV letters and should never make it to court, thanks to you and this site, and if they do, I know what to do. (more specifically, what not to do.)

Yours,

FattyZ

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Huge win. Especially because you could not represent your wife in Court and would have to count on her to represent herself.

You would prefer not to have a judgment entered against your wife. It would be much better to pay the agreed upon amount and get a dismissal with prejudice. Also, can you get them to report the debt as "paid as agreed" or something?

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Huge win. Especially because you could not represent your wife in Court and would have to count on her to represent herself.

You would prefer not to have a judgment entered against your wife. It would be much better to pay the agreed upon amount and get a dismissal with prejudice. Also, can you get them to report the debt as "paid as agreed" or something?

Is the name of the paper they gave me and I was told I'd get the official notification, "you're probably familiar with that," the lady who does the paperwork at the court says, cause she recognizes me by now. It looks pretty good, They let me sign for my wife, so it shouldn't be an issue. Yes, I plan on paying them. I don't know what the final entry, or whatever it is should look like. Yes, I think it should be paid as agreed, or something like that.

And, I think I'm done going to court, at least for now, the next trial is not till the end of July and I plan to settle, and the other judgment is a small claims matter that I also am going to settle.

Yours,

FattyZ

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GREAT JOB! :wink:

I was wondering what happened with you. Im a little surprised by the court allowing you to represent your wife, but like I said in your other thread, the judge seemed to be pretty lenient.....Im sure settling like that also prevented the plaintiff from attacking your wife's absense too. And now you know attacking chain of custody, full accounting, and all of the other discovery requests do actually mean something and will usually stop a JDB in their tracks. :lol::mrgreen:

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Yes, that was my main reason for agreeing to pay and not trying to insist that I get out of it with a dismissal, they were allowing me to represent my wife. When the lawyer mentioned that we were really in default because she was not present, and I knew she was agreeable to settle, I really did not want to take any chances. Right from the beginning I sort of had 20% in mind as a buyout number. Anyone with a chance of getting a judgment or hauling me into court that would agree to come down to close to that, I had decided to pay it, so I was happy.

Thanks again Ya'll.

FattyZ

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A couple of years ago, NCO Financial sent my wife a letter saying she owed on an "Chase/Assignee of Providian" account she never owned. I was not listed on the account or the dunning letter. After doing some research, I sent them a DV letter and they basically dried up and blew away. I imagine at some time in the future, this will rear its ugly head again with a different JDB.

My wife, while being a very good person, has no clue on how to handle something like this. She is not an agressive person while, me, on the other hand, can be a nasty SOB when you try to screw with my wife or my money.

Knowing if it had gone to court, she would have been required to defend herself I was thinking.. is it possible to make a motion to the court to have ME added as a defendant? I can't see how the JDB would fight the motion, and then, I could sit in court and kick their butt using the information I've learned from this site.

comments?

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Knowing if it had gone to court, she would have been required to defend herself I was thinking.. is it possible to make a motion to the court to have ME added as a defendant? I can't see how the JDB would fight the motion, and then, I could sit in court and kick their butt using the information I've learned from this site.

comments?

No. I can't see a way to do that.

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You could have your wife cross complain against you for something or other but it would not solve your problem. The Court would let you adress the crosscomplaint but your wife would still have to represent herself.

And actually, if you were bold enough to ask the plaintiff to add you as a defendant, they would not do it for two reasons:

1) They would smell a rat;

2) It would require them to expend effort.

Nice thinking outside the box, however.

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