diamonddan73 Posted March 5, 2011 Report Share Posted March 5, 2011 I found out the a CA had a defult judgement against me after I sent them a DV letter. My Attorney to set aside the judgment and had the case dimissed due to wrong venue.They contacted my Attorney and willing to settle for $6000. The original debt was about $9,500. They sued me for over 13K after fee's and interest.The OC is a local company and they can send someone to appear in court if need be. They said they are willing to refile in my venue or settle.Any suggestions? I centanly don't have 6K to give them. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted March 5, 2011 Report Share Posted March 5, 2011 Give and take...can you do 3 grand? Is it within the SOL? (I assume it is). Link to comment Share on other sites More sharing options...
skippy1960 Posted March 5, 2011 Report Share Posted March 5, 2011 I found out the a CA had a defult judgement against me after I sent them a DV letter. My Attorney to set aside the judgment and had the case dimissed due to wrong venue.They contacted my Attorney and willing to settle for $6000. The original debt was about $9,500. They sued me for over 13K after fee's and interest.The OC is a local company and they can send someone to appear in court if need be. They said they are willing to refile in my venue or settle.Any suggestions? I centanly don't have 6K to give them.Unfortunatley, if you don't have $6K why consider settlement? Generally, these types of offers are lump sum. They will want much more if you are going to make payments. I am not a fan of payments to any CA or JDB, to risky and to exposed.You are from California, do you have any counterclaims for FDCPA or Rosenthal Act violations?You say local company and witness, which leads me to believe they have pretty good written evidence also, correct?Finally, was their any arbitration clause in the contract, and is this consumer debt? Link to comment Share on other sites More sharing options...
diamonddan73 Posted March 8, 2011 Author Report Share Posted March 8, 2011 Unfortunatley, if you don't have $6K why consider settlement? Generally, these types of offers are lump sum. They will want much more if you are going to make payments. I am not a fan of payments to any CA or JDB, to risky and to exposed.You are from California, do you have any counterclaims for FDCPA or Rosenthal Act violations?You say local company and witness, which leads me to believe they have pretty good written evidence also, correct?Finally, was their any arbitration clause in the contract, and is this consumer debt?This is a JDB for a Cashcall loan. They admitted that they don't have the original contract. They do have a signed document that I agreed to skip two payments. There is no arb clause. They do have two viloations so far: Suing out of venue and impoper service with knowlege of the improper service. Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 8, 2011 Report Share Posted March 8, 2011 Does the OC still own the alleged account and the CA is just collecting for them? If that is the case then maybe a settlement would be a option but I am not sure if it would be the best one.Surprised they admitted they didn't have a contract, that is certainly a strike against them, not sure how big of one.From my research online, you should proceed very carefully as far as a settlement goes. You should demand that it be on your terms, not only with the amount but also on the issue of the remaining balance they are claiming you owe.How can you be sure that this settlement will not then result in the OC selling this debt (the balance minus the settlement sum) to a JDB and then they sue you in the future for the rest. You would also want to make sure that the balance of what they are claiming you owe does not come back to you in the form of a 10-99. I know a certain JDB does that and I am sure it is an option for them.You also must tread carefully, if you agree to a serttlement, they might try to turn around and use that agreement as you admitting to the debt and then sue you for all of it.Basically you need to demand that all of this be spelled out in the agreement, at least that is the only way I would ever listen to a settlement offer.Demand that a settlement is not an admission that this is your debt. Make them agree never to sell the debt to any other entity. Make sure they are prohibited to ever issue you a 10-99. If they decline to do it on your terms, then the agreement is probably not as good as it appears. You should also just do a basic overview of the matter, if they are offering a settlement, does that mean that they perhaps DON'T have the proof they need to prove their claim in court.The fact that they sued you in another county and might have been trying to get a sneaky default might be something to think about, they might be the ones up the creek without a paddle. Link to comment Share on other sites More sharing options...
diamonddan73 Posted March 8, 2011 Author Report Share Posted March 8, 2011 Thanks for all of the info! This was sold to the JDB not transfered. I will definitly take your advice and make sure it's on my terms. I read that I can get a NDA and if they verify with the CRA's when I dispute the violate the NDA and I can get some money back. Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 8, 2011 Report Share Posted March 8, 2011 Just my opinion, but with this being a JDB, I wouldn't settle, period. They have already displayed behavior that screams that they don't have what they need to win against a person who knows how to defend themselves, basic stuff that is easy to learn (properly filing anwser, discovery,etc).I can almost assure you that if you pay them anything short of the balance, they will just sell it to another JDB if you don't get it in writing that they won't. Not sure if that is something that these JDB's typically do either, they may not agree not to sell it. Link to comment Share on other sites More sharing options...
jackson212 Posted March 9, 2011 Report Share Posted March 9, 2011 Just my opinion, but with this being a JDB, I wouldn't settle, period. They have already displayed behavior that screams that they don't have what they need to win against a person who knows how to defend themselves, basic stuff that is easy to learn (properly filing anwser, discovery,etc).I can almost assure you that if you pay them anything short of the balance, they will just sell it to another JDB if you don't get it in writing that they won't. Not sure if that is something that these JDB's typically do either, they may not agree not to sell it.i agree ten fold. 6,000 out of 9,500 does not impress me, especially since the settlement amount of 6,000 will make your life hell (possible extra large monthly payments, etc)i would stop talking to them on the phone if you have been, and decide how much time you have on your hands to defend this or if there is an attorney that is willing to take it on contingency. if they sue you, you have counterclaims (although the counterclaims may not equal what they're suing you for, there is still some bargain, in that its possible their complaint can be dismissed and your counterclaims can prevail. possible.)its not my debt, or my life and i understand that its a decision which ultimately YOU have to make. but based on your response and the evidence (or lack of) if it were me i'd let them do what they gotta do (as in if they want to file a new case, so be it)FDCPA venue provisionhess v cohen & slamowitz Court of Appeals, 2nd Circuit 2011but again, only you know how much time and money you have to fight this, or to settle Link to comment Share on other sites More sharing options...
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