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Received a JDB Attorney Letter Today


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I went to court this past Monday for my first appearance. I told the JDB attorney that I would be contesting this case so we continued for a month to do discovery. I filed my POD on Thursday and certified with the court. I just now received a letter today in the mail from attorney wanting to settle without going to court. I know this isn't a violation but this mean they want this done? If they believe they have a case, why would they want to settle now for less after the suit has been filed?

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It will save the attorney time, and time is money. If the attorney got to go to court do hearings, etc. etc. is time he is loosing in doing other sues. Even if he got a case he will settle for less and make more money somewhere else more easy.

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95% of all cases settle. That figure might even be low. That goes for civil and criminal. It's just the way it is. If you ever have time, get a docket sheet for the whole week for a certain court. Then the next week see how many settlements, dropped suits, dismissed suits (settlement basically usually) compared to actual trials took place.

I remember going for a hearing in one of my cases. I had the docket for the court. There were nine criminal bench trials, a handful of plea and arraingments and a motion to suppress hearing, all set for the morning session and then civil was in the afternoon. I got to court about an hour early and everybody was at lunch and the court had about five people sitting in there with no judge even on the bench.

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Better to take 50% now then spend valuable hours only to lose at trial. For a JDB, 50% is still a very good profit.

And that 50% still means they make about eight to ten times what they paid for the debt, but it sounds like they are bending over backwards to work with the debtor with they present the offer.

I'd never settle with a JDB, but if I were going to, I'd never offer more than ten cents on the dollar and never consider anything above fifteen cents on the dollar.

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I went to court this past Monday for my first appearance. I told the JDB attorney that I would be contesting this case so we continued for a month to do discovery. I filed my POD on Thursday and certified with the court. I just now received a letter today in the mail from attorney wanting to settle without going to court. I know this isn't a violation but this mean they want this done? If they believe they have a case, why would they want to settle now for less after the suit has been filed?

The more time their attorney puts into it, the more they have to pay him, making their bottom line lower, so it puts more pressure to get *something* before they are upside down.

You could use their willingness to settle as a good starting point to negotiate IF you want this over... If they offer 50% you laugh... then start at 5%

Then again, if you have a good case, why not drag it out a bit.

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Generally settlement negotiations are not admissible in court...

I'd put in the phrase "while accepting no liaiblity for this alleged debt, and in order to save us both time ans money, I'll make this offer..."

1stStep beat me to it. :)

I was going to suggest similar language for settlement, that is IF you want to settle. If not, drag it out and make their lawyer eat up the retainer. My thought is that soon they'll make another offer, before legal fees eat up their entire possible gain.

Do you have them on any FDCPA violations? If so - throw that in there too, tell the lawyer that if they don't play ball with you, that you'll sue for those at a later time, costing them even more in legal fees, plus possible violations and monetary awards to you. I got a JDB to completely dismiss a lawsuit with prejudice this way, so they can't even sell the debt onwards and it's completely off my credit report. Chock $4500 up to the good guys. :)

Edited by RockDaddy
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I would make the same offer Michael Corleone made to the crooked Nevada senator who tried to extort him for the gaming license in Godfather II. "Nothing. And you pay for the license personally." These rats would NEVER do this if they thought they could win. We're all pretty much on the same page here, make them bleed money until they give up.

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In looking up my case today on case.net I noticed that the firm representing Midland filed cert of service for admissions, rogs and POD. The thing that got me was that the attorney who filed it is not the same attorney on record and in court last week. Same firm but different attorney's. Don't they have to file with the court on making on appearance or something like that or does it not matter when makings filings?

Thank you,

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As long as they are under the "umbrella" of the law firm it's fine. Look at it just as you would any other profession. If you go to the doctor, the nurse that sees you before the doctor does might be different every time. Who cares, they are all working for the same doctor and it's the doctor's rear on the line if they mess up.

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