Update on my Case-CA sent settlement offer (LOL). What next?

[rufuseven]

OK All...need some serious brain cells on this one.

In my case the JDB has provided NOTHING to the CA. The only thing they have is just what they stated in the summons claim. They attached no proof and when I filed for discovery they answered my requests for admission with objections based on form and foundation and relevance. (I admit they were nto very good compaired to what I see here). They have not filed ANYTHING with the court, nor have they answered my Interoggs or request for production of documents. I sent them a letter reminding them they busted their 30 day suspense. Now my question is:

Why should I complel Discovery when they should have had the proof when they filed the darn complaint? Additionally they asked ME for a 90 day enlargment and I told them to go pound sand and reminded them they had 30 days. So they have essentially been told by me that they had 30 days and as of today it has been 40 DAYS!

So my question is, with ZERO documents filed or produced, what in the world is the benifit of my filing a motion to compel when all it will allow them to do is waste more time? They have not requested enlargment so they are just sitting my Discovery request out.

Is the thinking that if I do compel and they produce nothing or BS that I can strike is that better for me than just asking for dismissal because they filed without PROOF of cause?

OK...Now things are getting interesting.

I included the above from my previous post wondering why I should bother with Discovery. After sending the CA a letter letting them know they were past the 30 days allowed for discovery, (they answered my requests for Admissions with nothing but objections and denials...they still have NOT provided ONE PAGE of documentation backing up the claim nor have they bothered to answer my Interoggs.) last Friday I filed my motion to Compel. (going to bug my court this week to get the judge to rule on it.)

So today I get in the mail a settlement offer! Here is what is says:

FOR SETTLEMENT PURPOSES ONLY

Our client, the above creditor (LVNV), has authorized our firm to accept a reduced amount as settlement in full of the above-referenced matter. We are able to settle your account for $4,000 which is 60% of the balance. If you wish to take advantage of the offer please remit your payment to our office by the end of the month.

(They give contact info then say:)

If your circumstances prevent you from taking advantage of this offer, please contact our office to make other arrangements to settle your debt. Our office is willing and able to work out an arrangement that will benefit all parties.

Please reference our internal file # XXXXXX in all communications with our office. In order to consider any request, we will ask you to provide our office with current employment, income, banking, and contact information.

Sincerely,

Scumbag & Scumbag CA

and at the very bottom it has centered and in bold face:

FEDERAL DISCLOSURE

THIS COMMUNICATION FROM A DEBT COLLECTOR IS AN ATTEMPTS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

OK...I've read enough on this forum to know that I SHOULD NOT deal with these jokers directly unless I do want to just settle. So now I'm open for advice!!!

Right now we are waiting for a trail date. I have requested discovery and have moved for the rest of it.

Again they have provided ZERO documentation.

What would be the best next move guys?

Please let me know what you think!!!

RUFUS

[tempteroffate]

Unless $4k sounds like a deal, I'd say ignore the settlement offer letter and keep pushing on your Motion to Compel Discovery. If they fail to provide that and nothing they have provided gives any iota of credence to their claim you owe them, then I'd say file a motion to dismiss with prejudice or a motion for summary judgment against them. If the facts, as they've presented them, are too hollow or thin to present any reasonable case, then checkmate them to end it.

[admin]

I would say not to settle with them. They are obviously runnng scared and trying to trick you into signing something.

Part of their settlement offer should be that they will dismiss the suit, and THEN you MIGHT consider settlement. In any case, don't admit the debt and don't sign any thing.

[skippy1960]

Settling is about negociation, return their settlement offer with an offer that you will accept, at the same time countinue with the court filings for your discovery.

" Offer them 5%, full dissmisal with predjudice, delelte tradelines, no sale of or assignment of debt. 5% goes down for every filing I have to make with the court to from date of offer. 10 days to accept or will see you in court."

[jackson212]

i dont know if you have counterclaims.

not long ago literally just days ago i went to court on a motion hearing. a new attorney showed up and claimed that the debt was assigned to them few days ago and they are now the new plaintiff. they asked me if i wanted to settle. i said settle on a ghost debt? i said i wont settle on a phantom debt. i then said THEY need to settle with me by paying me to make this thing go away. i said i know there is no proof of assignment and they need to mitigate their damages before i start poking at possible impropriety and fraud.

they WILL pay me out, its just a matter of a dollar amount. and this should be my second payout this month.

now i dont know if you have counterclaims in your answer to their complaint. if you do use it as a bargaining chip, or just wait till trial and plead your case, dismiss their complaint, and hopefully make them cover your expenses if you win.

i agree with admin.