Hellonwheels

I must be doing something right! Plaintiff called wants to settle before pretrial

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I got a call this morning from plaintiff. I let it go to voicemail. They want me to call them and discuss arrangements with them. LOL, all I can say is that i must be doing something right. Pretrial is August 2nd. I didnt call back and dont plan on it. Or should I call and say I will agree to a dismissal with prejiduce, my costs, and it taken of my credit report. Of course demand all in writting. Or should I go ahead and just to the pretrial conference?

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Or should I call and say I will agree to a dismissal with prejiduce, my costs, and it taken of my credit report. Of course demand all in writting.
You suing them? Then this is good.

They suing you? What they want to discuss is how much you're going to pay to avoid court.

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I'm following your posts closely, as I too am in Michigan, and I am a few steps behind you. I just filed my Answer and Counter-Affidavit today.

I wouldn't know what to do if my Plaintiff contacted me to "discuss arrangements." They could be attempting to bait you into admitting to the debt for which they fully intend to get a summary judgement for by way of a. recording the conversation, or b. getting you to sign a consent judgement for monthly installments. Which, by the way, would require you to disclose your place of employment, wages, etc. It's messy. They MIGHT be willing to discuss a settlement, which would be as much as they could possibly squeeze out of you, in return for ceasing litigation. Either way, if you contact them, MAINTAIN your stance and do not admit to the debt. You can discuss a settlement without admitting to anything.

I feel like we're both walking on eggshells atop a net, above shark infested waters LOL One slip and we crack all the eggs and come tumbling down to our brutal demise!

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I dont think I am going to call as there is nothing to discuss over an alleged account that is not proven. At the Pre-trial Conference I am going to have my Motion to Compel Discovery ready, and Will have my Motion to Dismiss ready to go. I want it dismissed with prejiduce, all my fees and costs paid for, removed from my credit report, and all others costs the court is allowed to give me. Which I dont think is anything. It can be overwhelming at times but keep trudgin along it will pay off in the end.

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It's my understanding that a Defendant in a debtor case rarely gets off that easily, especially in Michigan. Unless the judge is fed up with junk debt collectors, or you can get them on a technicality, I think you're in for it. I'm probably in for it as well, that being said.

I wish you luck! Will follow your case/posts.

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I dont think I am going to call as there is nothing to discuss over an alleged account that is not proven. At the Pre-trial Conference I am going to have my Motion to Compel Discovery ready, and Will have my Motion to Dismiss ready to go. I want it dismissed with prejiduce, all my fees and costs paid for, removed from my credit report, and all others costs the court is allowed to give me. Which I dont think is anything. It can be overwhelming at times but keep trudgin along it will pay off in the end.

Update on what happened. I had this message left as well & I never called. I go to trial next mth.

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Its because they have no more evidence and no witness to authenticate. Two the attorney does not want to drive all that way and three most of these attorneys have very little trial experience.

Edited by bmc100

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With so many collectors out there and so many letters

from different JDBs & CAs about the same debt, I would

still wonder if the collector on the phone wanting to settle

really owns the debt.

I received a letter from a JDB regarding Crap One on

November 20. Then on December 12, I had a letter from a

different JDB regarding the exact same account.

Confusing as hell.

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It should say on your credit report. Were they two separate lawfirms or separate collection agencies? My CA hired one lawfirm to come after me, then another.

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It should say on your credit report. Were they two separate lawfirms or separate collection agencies? My CA hired one lawfirm to come after me, then another.

I presume you were directing this to me.

Crap One just shows charged off and disputed with

no sale/transfer indication.

Neither of the CAs that sent letters is on my report

at all - not even an inquiry.

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I presume you were directing this to me.

Crap One just shows charged off and disputed with

no sale/transfer indication.

Neither of the CAs that sent letters is on my report

at all - not even an inquiry.

you are sitting on a potential lawsuit.

keep tight records of everything from this point on, if anyone contacts you hit them with verification/validation, etc, the usual dispute process

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do not call them -- put in state and agency's name and find out if any judgements against them. If you can get that lawyer, you would be know he is not on the take.

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you are sitting on a potential lawsuit.

keep tight records of everything from this point on, if anyone contacts you hit them with verification/validation, etc, the usual dispute process

Jackson, lawsuit based on .....?

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Jackson, lawsuit based on .....?

false, deceptive, or misleading representation in the collection of debt.

The threat to take any action that cannot legally be taken.

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If the affidavit was signed by someone outside Michigan, look at this.

Check out MCL 600.2102..Affidavits from people in another state or country, is required or maybe received in a judicial proceeding in this state, to entitle the same to be read, it must be authenticated as follows:

2. It must be certified by a some judge of a court having a seal to have taken before him, specifying the time and place where taken.

3. The Genuineness of the signature of the judge, the existence of the court, and the fact the such judge is a member thereof, must be certified by the clerk of the court under the seal thereof.

If it is affidavit is taken by someone outside Michigan....bring this up as well.

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