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Oral argument and settling


aot2002
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I have a scheduled Oral argument for my motion to dismiss because of personal jurisdiction etc.. from another state in 2 weeks and I cannot afford to travel but I assume I have some ability to make a phone to save costs.

Any help on what to do on that would be great?

Also the plaintiff and I are in the process of settling and agreed on a very low price but they have been trying to get the client to send out the settlement agreement. They have requested I cancel my motion to dismiss to avoid the court date.

My response was that 3 weeks is more then enough time to resolve this matter for a simple 1 page settlement.

Are they F'ing with me trying to get me to cancel my motion just to push this?

I plan on leaving the date as is and requesting a phone call in some manner to let them know I'm not playing games.

Thoughts?

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The settlement talks would involve how much they are going to pay me for filing in another state.

Yes, please clarify what you mean about settlement. You do mean they are settling with you, correct? You're not paying them a dime I hope.

Also, I see no issue with putting off, not cancelling the motion to dismiss. Just ask for a continuance, not cancel the hearing. The court will be thrilled to continue the matter if settlement talks are the reason for the request. Courts love settlements, it clears the cluttered dockets.

You could also just have the matter judged on the pleadings. It should take all of about 2 min to decide. It's not a complex issue.

If they don't pay you in a few more weeks then call the court and have the motion put back on the docket. Then after the case is dismissed sue them in the jurisdiction you currently live in. Long arm jurisdiction rocks !!

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It just says the pending motion will be heard by oral argument but doesn't mention telephonic words. Although in the header I do see a phone # at the top of the page.

They agreed to settle if I paid $800 out of 9K for lawsuit.

That sounds like a great settlement. However, the fact they will take 800.00 out of 9K and there is already a lawsuit filed is your tip off they have no case.

Might be worth the 800.00 to forget about it. That is something only you can answer, just don't think you could not win so must settle. They just basically admitted that to you by accepting about 9% of what they are suing you for.

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That sounds like a great settlement. However, the fact they will take 800.00 out of 9K and there is already a lawsuit filed is your tip off they have no case.

Might be worth the 800.00 to forget about it. That is something only you can answer, just don't think you could not win so must settle. They just basically admitted that to you by accepting about 9% of what they are suing you for.

Yes but I realize that if I had to hire a lawyer it's 1500 to 2K and if I can get them to sign the settlement release then I will see where the motion goes on March 5th.

I could back out but I could also win by having the settlement document.

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After you sign the settlement there is nothing more to win. The case is over. You will both sign a mutual dismissal with prejudice and it's over.

You won't have to defend yourself by using the settlement agreement. The case and everything pending will be over and removed from the docket.

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will be better in the long run.

I am worried that they would take the settlement and then 1099 you for the rest.

If you are in settlement negotiations then make sure they debt is extiguished, no 1099 will issue, and that they pay court costs.

Find out if the court there takes court call you can call the court to find out or the courts website.

If you take the motion off calendar then you still have to deal with the lawsuit there because the court will have jurisdiction.

So if you go away you let them keep their dirty little secret of improper service and perjury for the subpoena server. I would bring that up at the hearing.

Oh and for the record as soon as you dismiss the motion the 800.00 offer will go away. If they really meant it they would have given it to you already.

So as soon as you have the motion heard then elect arbitration.

Edited by Seadragon
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will be better in the long run.

I am worried that they would take the settlement and then 1099 you for the rest.

If you are in settlement negotiations then make sure they debt is extiguished, no 1099 will issue, and that they pay court costs.

Find out if the court there takes court call you can call the court to find out or the courts website.

If you take the motion off calendar then you still have to deal with the lawsuit there because the court will have jurisdiction.

So if you go away you let them keep their dirty little secret of improper service and perjury for the subpoena server. I would bring that up at the hearing.

Oh and for the record as soon as you dismiss the motion the 800.00 offer will go away. If they really meant it they would have given it to you already.

So as soon as you have the motion heard then elect arbitration.

They did ask about dismissing the motion because we are in the process of finalizing the debt and my response was no I refuse to do this until it's fully settled.

They tried to get me to sign it first as well and I said nope you sign it and then also put in that the settlement is a payment in full, plaintiff cannot assign, sell or subrogate etc..

Time will tell if the 800 is real or not but I'd imagine if they do go through with it they might put in a legal statement saying I need to pay within XYZ days or it's invalid.

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I Searched your NY Rules of Civil Proceedure and found a form requesting the Oral Argument of Motions but I couldn't locate a request for same via telecommunications. Lawyers do it all the time so it's there someplace. Would suggest contacting the Court Clerk and request info on form. Maybe it's on the web page.

I've attached the one we use in Oregon. It should look similar or maybe you can modify and use it. (Standard Pleading Paper - Formatting Didn't Hold Sorry)

Huey Pilot

Nimbus Sky Road

Airport, Oregon

(541) 777-9900

THE CIRCUIT COURT OF THE STATE OF OREGON

FOR MULTNOMAH COUNTY

MIDLAND FUNDING, LLC,

Plaintiff,

vs.

Huey Pilot,

Defendant )

)

)

)

)

)

)

)

)

) Case No.: A*********CV

Request for Oral Argument Regards

Motion to Compel Discovery with

Memorandum of Points and Authorities.

REQUEST FOR ORAL ARGUMENT MOTION TO COMPEL DISCOVERY

Pursuant to UTCR 5.050, Defendant hereby requests oral argument of the following motion:

(a) The time required for oral argument is 15 minutes

(B) Oral argument by telecommunication is requested

© Name and telephone number or party served with this motion:

Super Dumb Guy, P.C., Telephone number for Council (541) 678-9012

(d) My office is not within 25 miles of the Multnomah County Courthouse

(e) Official Court-reporting services are requested for the hearing.

(f) Submitted herewith is our check for the amount of $33.00 for the hearing fee, pursuant to ORS 21.275

Pursuant to UTCR 5.010, the Defendant has conferred with Plaintiff's lawyer before the filing of this motion.

Dated this 13th day of February, 2012

Huey Pilot

Nimbus Sky Road

Airport, Oregon

(541) 777-9900

HP

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Time will tell if the 800 is real or not but I'd imagine if they do go through with it they might put in a legal statement saying I need to pay within XYZ days or it's invalid.

Generally speaking, the settlement will look like a contract (because it is) with very specific performance by each party and a time frame.

Just like any contract, make sure you fully understand (meeting of the minds) and don't let them tell you not to worry about something if you think it should be in the settlement.

Your already giving them somewhere in the range of four to five times what they paid for the account. That's not a bad profit margin. If they want your money they need to stop playing games and acting like they are in charge. You're the one in charge, you have money and they want it.

Do look into Seadragon's concern and issue about the 1099. You don't want to get hit with 8200.00 in taxable income on your next years taxes.

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Generally speaking, the settlement will look like a contract (because it is) with very specific performance by each party and a time frame.

Just like any contract, make sure you fully understand (meeting of the minds) and don't let them tell you not to worry about something if you think it should be in the settlement.

Your already giving them somewhere in the range of four to five times what they paid for the account. That's not a bad profit margin. If they want your money they need to stop playing games and acting like they are in charge. You're the one in charge, you have money and they want it.

Do look into Seadragon's concern and issue about the 1099. You don't want to get hit with 8200.00 in taxable income on your next years taxes.

Okay gotcha, as far as the 1099 I'll request that part as well.

Technically speaking the settlement has to be signed by the Plaintiff not the plaintiff's lawyer correct?

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I Searched your NY Rules of Civil Proceedure and found a form requesting the Oral Argument of Motions but I couldn't locate a request for same via telecommunications. Lawyers do it all the time so it's there someplace. Would suggest contacting the Court Clerk and request info on form. Maybe it's on the web page.

I've attached the one we use in Oregon. It should look similar or maybe you can modify and use it. (Standard Pleading Paper - Formatting Didn't Hold Sorry)

Huey Pilot

Nimbus Sky Road

Airport, Oregon

(541) 777-9900

THE CIRCUIT COURT OF THE STATE OF OREGON

FOR MULTNOMAH COUNTY

MIDLAND FUNDING, LLC,

Plaintiff,

vs.

Huey Pilot,

Defendant )

)

)

)

)

)

)

)

)

) Case No.: A*********CV

Request for Oral Argument Regards

Motion to Compel Discovery with

Memorandum of Points and Authorities.

REQUEST FOR ORAL ARGUMENT MOTION TO COMPEL DISCOVERY

Pursuant to UTCR 5.050, Defendant hereby requests oral argument of the following motion:

(a) The time required for oral argument is 15 minutes

(B) Oral argument by telecommunication is requested

© Name and telephone number or party served with this motion:

Super Dumb Guy, P.C., Telephone number for Council (541) 678-9012

(d) My office is not within 25 miles of the Multnomah County Courthouse

(e) Official Court-reporting services are requested for the hearing.

(f) Submitted herewith is our check for the amount of $33.00 for the hearing fee, pursuant to ORS 21.275

Pursuant to UTCR 5.010, the Defendant has conferred with Plaintiff's lawyer before the filing of this motion.

Dated this 13th day of February, 2012

Huey Pilot

Nimbus Sky Road

Airport, Oregon

(541) 777-9900

HP

Exactly what are you concurring for a telephone hearing with the plaintiff's lawyer, or does that mean you just tell them that you are requesting one.

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Exactly what are you concurring for a telephone hearing with the plaintiff's lawyer, or does that mean you just tell them that you are requesting one.

I previously called the Plaintiff's attorney and requested a required pre-motion Meet and Confer by teleconference. I took notes, recorded the date and exact time and annotated what was said. (Mostly nothing) This met the requirement to file a motion with the court.

The pleading for Oral Argument Request was required to accompany my actual motion. In this case it's a motion to compel discovery documents from plaintiff. (Could Motion to Dismiss etc.) It is required to accompany any motion in Oregon. All motions have to be argued before a judge to obtain an order.

The Title immediatly below the case number in the right hand side of caption:

Request for Oral Argument Regards (Request for Argument by telecommunications)

Motion to Compel Discovery with (Type the name of your motion)

Memorandum of Points and Authorities. (Annotates required the memo if used)

I Sent a copy to plaintiffs council. I filed the Oral Argument request along with the motion with the clerk of court, paid my fee, the bailiff called me and I talked to the judge on a Monday session.The opposing attorney was on the line but didn't say anything and the judge gave approval of the order. 5 minutes tops. Done deal.

HP

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If you really don't want to go through this, offer them 400. Imagine a JDB walking into Rick Harrison's pawn shop. (Pawn Stars TV show) There stands the Old Man, and the JDB says "I want 800 for this watch." I'll bet my liver that the Old Man would say "No" mmediately. He'd then offer maybe 200-300. It's certainly worth a shot. Not a bad deal overall, because if you litigate this there is always a slim chance you could lose and be on the hook for nine large.

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If you really don't want to go through this, offer them 400. Imagine a JDB walking into Rick Harrison's pawn shop. (Pawn Stars TV show) There stands the Old Man, and the JDB says "I want 800 for this watch." I'll bet my liver that the Old Man would say "No" mmediately. He'd then offer maybe 200-300. It's certainly worth a shot. Not a bad deal overall, because if you litigate this there is always a slim chance you could lose and be on the hook for nine large.

They originally offered 2K and I countered with 500 then they offered 1500 I then came back to 800 and it was accepted.

I'd like to pretend in my own dream world that if they had the paperwork to make this 9K happen they could.

Knowing recent things that have happened it's probably possible so I don't wanna press beyond that. I'd prefer to know that I got off with a 8200 dollar savings.

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Any help on what to do on that would be great?

Are they F'ing with me trying to get me to cancel my motion just to push this?

Thoughts?

Don't see why it should take more than a day to prepare a settlement agrement. They use the same form all the time.

If you want, however, you could tell them that you will stipulate to CONTINUE the hearing for 2 weeks if they preapre the appropriate paperwork. That might solve your problem about being there as well.

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