workingpoor

Small Victory... MSJ DENIED!!

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Trial is next week. My rogs are due back to the Plaintiffs attorneys by Saturday. I was stalling in sending them back, figuring if they got their MSJ what's the point?

Here's my cover letter I'm accompanying my answers with:

Mr. Workingpoor

22 Blue Collar St.

Euphoria, NJ 0U812

Dewey, Cheatim & Howe

10 Slimeball Ave

Corporate America

RE:

Capital One Bank, USA NA

Vs.

Me, The Middle Class

DC-XXXXXX-11

To whom it may concern:

Enclosed you will find the answers for your interrogatories. Please except my apologies

for the delay in getting them to you. Much the same as you, I was expecting your Motion

for Summary judgment to be granted. You can imagine my delight when I received the

notice it was denied, and the judge sided with me.

Like the Titanic, your summary judgment request was well crafted with a lot of effort, but

nonetheless, sank like an anvil.

See you in court.

Regards,

Workingpoor

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Hot Dog!!!! Way to go, WorkingPoor! :everybodyclap:

An OC's MSJ at that!

::allhail::

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Hot Dog!!!! Way to go, WorkingPoor! :everybodyclap:

An OC's MSJ at that!

::allhail::

Thanks to you and your research on caselaw. We owe you dinner next time we're down that way. They had an affidavit and 3 pages of caselaw and rules supporting their motion. I had 3 paragraphs with your cases and a statement that their affidavit doesn't prove anything and as to why I should get my trial. And my judge is a conservative. I googled him and thought I was toast after reading that. Go figure

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So now that we're past this huge hurdle. How much do you actually owe them, and how much are they alleging is owed? After you beat an MSJ you are in a prime prime spot to negotiate with them and you have a ton of leverage. I would offer them something like 20% of actual charges minus interest and fees and see what they say.

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So now that we're past this huge hurdle. How much do you actually owe them, and how much are they alleging is owed? After you beat an MSJ you are in a prime prime spot to negotiate with them and you have a ton of leverage. I would offer them something like 20% of actual charges minus interest and fees and see what they say.

I owe them @ 1600 all told. I've been offering them 1/3 of that for a few months now and offered them half about 2 weeks ago. Not a word from them.

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Was your offer in writing or on the phone?

EVERYTHING is in writing and sent CMRRR. Because I'm sure the judge will like to know...

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Collectors have lost already since they can't win. The litigation and filing costs have eaten up most that $1.6k now, and there's a recognized Issue of Fact.

I think they'll be a no-show at the trial or ask for a discontinuance.

This is called asymmetric warfare.

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EVERYTHING is in writing and sent CMRRR. Because I'm sure the judge will like to know...

To be honest, I think offers over the phone get quicker responses and are more efficient.

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At this point, if you want to make a deal for a settlement, what you can do is call the attorney on the case (and request to speak to the attorney, not some paralegal who is really a collector in disguise) and make the 1/3 offer again. If they say anything about the 1/2, state that that was only valid if they had accepted before the MSJ was denied. You can do up the deal in writing later (and I would request that if a deal is made).

Otherwise, be happy that you are making them actually work for their $1600.

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To be honest, I think offers over the phone get quicker responses and are more efficient.

I would agree but would also suggest that you make sure the recorder is going although the offer should drop now that you beat the msj

great going!::rockon::

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To be honest? I think I'm done trying to settle. Unless they contact me with an offer I can't refuse, I'm going to court. The judge thinks there's a genuine issue for trial so I'll take a shot.

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That's of course your prerogative, but remember beating an MSJ motion is not the same thing as winning at trial.

I know. And you're 100% correct. I'm just feeling a little cocky :lol:

I'll probably wind up waiting until Monday to see if they contact me first, and if they don't I'll call them, and no doubt, record the call and make an offer in the 30% neighborhood. That gives me the weekend to wallow in my victory....

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