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The art of settlement negotiations


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http://www.howardnations.com/settlement/Settlmnt.pdf

i found this to be very useful, ive successfully used some of these tactics multiple times this year.

the tactics i think apply more to accident cases and personal injury cases, but i just spin it to fit my FDCPA needs.

i hope someone finds this useful

that is from the website of Howard L Nations, whom i have no idea who he is but felt worthy to mention since i found his information so useful i think he does personal injury cases in texas (*edit: pharmaceutical litigation, etc)

The Law Firm of Howard L. Nations, Houston, Texas, specializing in pharmaceutical litigation and catastrophic personal injury cases

Edited by jackson212
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Speaking of settlement negotiations...

Back in March, a law firm called me and left me a message with no mini-miranda. They also sent me a form letter, unsigned by any attorney.

I sent them an ITS, demanding $1,000, which they ignored. In May, I sent them another ITS for $1,000, which they also ignored. Then I sued them, along with the employee who called me. That finally got their attention. :-)

For Settlement Discussions Only

Good Morning Mr. HarryC,

My name is *** ***** and I am attorney with 'Law Firm.' I am emailing to inquire whether you have any interest in settling the litigation you filed against our firm and individual, '*** ***** Although you sent *** ***** a Waiver of Service, since you served the firm in person, we have an answer deadline for the firm of 7/21/11.

In an effort to avoid additional costs and time, please advise if you have demand and what that is. I look forward to hearing from you. This communication is from a debt collector.

*** *****

FOR SETTLEMENT PURPOSES ONLY

Hello *****,

I would be glad to settle this issue and avoid the cost and inconvenience of litigation.

I sent "Law Firm" three letters prior to filing this lawsuit, however all three letters were ignored. At that time, I was willing to settle for $1,000, as indicated in my letters.

Now that I have filed the lawsuit, I will require $2,350.00 to voluntarily dismiss my claim and to sign a non-disclosure agreement. That amount is the statutory damages from each Defendant, as well as my filing fee.

If 'Law Firm' chooses not to settle, I will be claiming actual damages as well as statutory damages, and I also intend to disclose all of the details of my claim, and the resulting litigation to the various internet bulletin boards, such as debtorboards.com, creditboards.com, fatwallet.com, ripoffreport.com, etc... in order to provide information to others who may be in the same situation as myself.

Please let me know what you decide. I look forward to hearing from you.

Sincerely,

HarryC

Mr. HarryC,

Thank you for your email and I apologize if you felt you were being ignored. I am aware of the letters that you sent and unfortunately I was unable to handle them within your timeframe. Frankly, since you filed this pro se, other than the filing fee, your damages are no different if this had been settled earlier especially since the account has been in a cease communication status since March 30, 2011. We would like to settle this and my response is outlined below. I am confident we will reach a mutual agreement.

With that said, despite the possible statutory damages available under the FDCPA which is up to $1,000 per proceeding, the technicality of the allegations you claim can be overcome and defended but the cost to do that is not practical. In addition, that $1,000 statutory amount is the maximum and takes into consideration under 15 USC 1692k(B) the frequency and persistence, the nature of such noncompliance and the extent to which such noncompliance was intentional. (Refer to the recent Supreme Court case Jerman vs. Carlisle where despite having found a violation, the court awarded no damages to the plaintiffs.)

I submit that based on the fact that this account was placed with our office on March, 2011 and that the account was placed into a cease communication on March 30, 2011, under the analysis of 1692k(B), $1,000 is more than appropriate. Therefore, rather than play a back and forth with you, based on your demand of $2,350 and our position that this claim should be settled at $1,000 (which includes your filing fee), I will split the difference between those amounts. Will you consider accepting $1,675 in exchange for a Settlement and Release which does not include the underlying debt. Please let me know. This communication is from a debt collector.

I will be out of the office the remainder of the day but will be checking email and will return to the office on Monday.

Thank you,

*****

FOR SETTLEMENT PURPOSES ONLY

*****,

Thank you for your email.

While your offer would be reasonable if there was only one Defendant, because there are in fact two Defendants in this action, I am not willing to accept your offer.

It is my understanding that the statutory damages are up to $1,000 per Defendant, not per action (See Ganske v. Checkrite, Ltd and Overcash v. United Abstract Group). While the Court may or may not award me the full $1,000 for Mr. ***'s violation, I feel there is a good chance of the Court awarding the $1,000 for "Ohio Law Firm's' multiple violations. Additionally, I will be seeking actual damages for emotional distress. Therefore, I am firm on my $2,350.

If 'Law Firm' would be willing to settle the underlying debt on my behalf, I will accept $1,500 and full settlement of the debt.

Thank you,

HarryC

Good Morning Mr. HarryC,

Thank you for your reply and position concerning your claim to resolve the litigation filed against our firm and Mr. *****. Without belaboring the point further, an emotional distress claim for actual damages may be very difficult to prove considering that there was collection activity for less than 2 weeks and you spoke with our offices on March 15, 2011 advising that you would make some arrangements.

We are not in a position to negotiate/forgive the underlying debt as your claim concerns alleged actions by our firm and a representative of our firm which is separate and apart for the account. Accordingly, we cannot agree to settle the underlying account and pay you $1,500. Upon your agreement I can expedite a payment of $2,000 payable by August 3, 2011 and I will send you the language for the release which will not include the underlying account.

I look forward to hearing from you and thank you for your consideration.

***

FOR SETTLEMENT PURPOSES ONLY

Dear Ms. *****,

Thank you for your email this morning.

With regards to my claim for actual damages, I am aware that anything can happen in litigation. However, I am quite fragile emotionally and have been under the care of a psychiatrist since shortly after this whole mess began. The judge may take that into consideration with regards to damages and then again, he may not.

Also, please be advised that I have discussed this lawsuit with an attorney and he is willing to take this case at no cost to me. While I consider myself a smart guy, I am not naive enough to think I can go toe-to-toe with an experienced attorney and prevail, therefore if and when 'Law Firm' files any type of responsive pleading to my complaint, I will be handing the case over to my attorney at that time. I submit that whether I get awarded any damages or not, 'Law Firm's' legal fees will exceed my settlement demand before the discovery process has barely gotten underway.

With the forgoing in mind, here is my final settlement offer:

$2,200 and I will not agree to any type of nondisclosure language.

or

$2,350 and I will sign a nondisclosure agreement.

The above does not include settlement of the underlying debt. The above is payable directly to me and will not be applied to the underlying account.

A fully executed agreement & release will be delivered to me no later than COB July 22, 2011 (emailed or faxed copy is fine) and the check will be delivered to me no later than seven days later, by July 29. The agreement will include language to this effect.

I look forward to your response.

Sincerely,

HarryC

Mr. HarryC,

We have an agreement in principle where 'Law Firm' will pay $2,350 to you as settlement, however, the agreement is contingent on your acceptance that the payment will be made to you for overnight delivery to arrive on Wednesday, August 3, 2011. I will forward the release language to you for your review once I receive confirmation that this is acceptable.

In addition, considering the pending litigation, please advise that you are in verbal agreement that there will be no action taken in the suit considering our settlement discussions.

I look forward to hearing from you.

Thank you,

****

***,

I will accept your offer.

Based on your offer, I agree not to take any action in the lawsuit. In addition, once I receive the release & settlement agreement, I will file the attached Notice of Pending Settlement with the Court.

When might I expect to receive the release?

Sincerely,

HarryC

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I admit I've seen this before but it never gets old. The oops this guy actual did sue after an ITS so let's see if we can still offer him 1K is classic.

Sorry we did not have time to respond to you in your prior letters, but we damn sure now have time since you sued. :ROFLMAO2::ROFLMAO2:

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I admit I've seen this before but it never gets old. The oops this guy actual did sue after an ITS so let's see if we can still offer him 1K is classic.

Sorry we did not have time to respond to you in your prior letters, but we damn sure now have time since you sued. :ROFLMAO2::ROFLMAO2:

hahahaha

:ROFLMAO2:

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