BigJohnG Posted April 22, 2010 Report Share Posted April 22, 2010 I've had a few CAs leave messages on my VM for a while now. After reading the forums, I decided I had enough information to get the CA to hang themselves and worked up the courage to call one back.One guy I talked to at the CA was really mean and threatened me with garnishment, taking my car, and also insulted me. Found out the VMs the CA left were illegal in addition to the violations they committed with me over the phone. Well... then I contacted a FDCPA attorney and finished filing a lawsuit against this CA earlier this week. It looks like I have a really solid case against them.So here's my questions:From the time a lawsuit is filed against a CA, how long does it take for the CA to offer a settlement and you to receive money? I know this result can vary a bit, but if you can tell me what your experience was, that would be great!Is the CA likely to file suit against me as well? The debt is for a high dollar amount, but it is old, and the SOL is going to be up in less than two months.Thank you in advance for your help! Link to comment Share on other sites More sharing options...
BrokeBob Posted April 22, 2010 Report Share Posted April 22, 2010 Several suggestions:1. You have already consulted a lawyer. If your lawyer is any good, s/he can answer these questions a LOT better than can anyone on this forum.2. Wouldn't it be a good idea to file suit AFTER the debt is SOL? If your lawyer disagrees, I hope the reasoning is sound. After all, check my sig. | | | V Link to comment Share on other sites More sharing options...
1stStep Posted April 22, 2010 Report Share Posted April 22, 2010 Every case is different... it depends on how dumb the CA is after you file - I mean - uh, how quick the CA's attorneys figure out they will lose at trial.In my first case, I received a low ball settlement offer 11 days after the CA was served, of course it was not taken...When we played the recordings for the CA's attorneys, they decided to up that offer.So yes, ask your lawyer and remember each case is different. Link to comment Share on other sites More sharing options...
chuckygee Posted April 22, 2010 Report Share Posted April 22, 2010 Allow your lawyer to earn his fee. If it takes a little longer, he makes more money. He will appreciate the additional income. It cost you nothing, and the next case you have, he may be inclined to answer a few questions for you for no fee. Link to comment Share on other sites More sharing options...
nrgins Posted April 22, 2010 Report Share Posted April 22, 2010 Dear lord! If your SOL is up in 2 months DO NOT FILE A LAWSUIT against the CA!!!! Wait for the SOL to be up!!! If you provoke them, you'll have to defend yourself against the lawsuit. It seems so simple to just wait the 2 months and then file. I would so wait with this...... Link to comment Share on other sites More sharing options...
Massive Posted April 22, 2010 Report Share Posted April 22, 2010 Dear lord! If your SOL is up in 2 months DO NOT FILE A LAWSUIT against the CA!!!! Wait for the SOL to be up!!! If you provoke them, you'll have to defend yourself against the lawsuit. It seems so simple to just wait the 2 months and then file. I would so wait with this......Agreed, let the SOL expire this late in the game before you take legal action. Link to comment Share on other sites More sharing options...
nrgins Posted April 22, 2010 Report Share Posted April 22, 2010 Also, I have several bad debts, but only one in which I've been sued. That lawsuit happened a couple of months after I challenged a date on the CA's credit report listing.My guess is that when i challenged the date, my file got sent to the legal department, and, once it was there, they figured they'd just go ahead and sue me.The expression "let sleeping dogs lie" would have been wisdom in my case. Link to comment Share on other sites More sharing options...
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