sjohnson11 Posted March 30, 2012 Report Share Posted March 30, 2012 Was planning on settling with Cap 1...Howard Lee Schiff. I had messed up on affirmative defenses/discovery before I saw this board. Neither of us did Discovery and their is a pre trial hearing coming up.....Well Schiff motioned to appear by telephone for the pre trial .....the motion was denied.I had planned on settling before the hearing, but I should I wait now given they may not show up ?? They have proven nothing up to this point, but I don't have a lot of defenses except for denying complaint early on. What would happen if they didnt show for pre trial hearing and should I wait it out? Link to comment Share on other sites More sharing options...
bikeluver43 Posted March 30, 2012 Report Share Posted March 30, 2012 What do you currently have, or what was included in the summons. I'm dealing with them now as well, but in small claims. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 30, 2012 Report Share Posted March 30, 2012 While I don't think they will just not show for a pre-trial hearing, I would not settle prior. They might dismiss at the last minute. I doubt they will not just not show. They might send a rental attorney that knows nothing about the case to just stand their in a suit and say "your Honor I basically know nothing, but I'm representing Cap One."Like LT. Wineburg in A Few Good Men, where he always introduces himself as just observing with no responsibilities. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 30, 2012 Author Report Share Posted March 30, 2012 What usually happens at a pre trial hearing ? given neither of us has really proved anything wouldnt they try and setlle anyway ? Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 30, 2012 Author Report Share Posted March 30, 2012 What do you currently have, or what was included in the summons. I'm dealing with them now as well, but in small claims.Nothing with the summons except affidavit. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 30, 2012 Report Share Posted March 30, 2012 What usually happens at a pre trial hearing ? given neither of us has really proved anything wouldnt they try and setlle anyway ?Nothing really. They will make you an offer to settle and tell you that you are lucky to get this offer because they don't usually go this low. Probably around 80%. You will tell them to go pound sand and then they will roll their eyes and say something like, "well we tried, good luck." Then the judge will ask for the progress on the case. They will probably say they tried to settle but you declined so they need a few months for discovery. The judge will probably say okay and set another pre-trial hearing in a few months, then tell you both if you need the court before that time (like a motion) to call or write the court, if not see you XXXX date.Basically nothing happens at this stage. It's more like a status hearing. I do find it odd and great that their motion to appear by phone was denied. Did you oppose them appearing by phone. Great job if you did, but just curious on something this simply they were denied appearing by phone. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 30, 2012 Author Report Share Posted March 30, 2012 I did not oppose which I why I found it odd as well. So they would reset Discovery again even though there was a set time early on for when it should have been completed? Thanks Link to comment Share on other sites More sharing options...
bikeluver43 Posted March 30, 2012 Report Share Posted March 30, 2012 Is the affadavit from Initials "TM" and a notary of "JM"?Look around for info about these, fairly easy to get this dismissed from the case. Then they'd really have nothing against you for evidence. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 30, 2012 Author Report Share Posted March 30, 2012 Is the affadavit from Initials "TM" and a notary of "JM"?Look around for info about these, fairly easy to get this dismissed from the case. Then they'd really have nothing against you for evidence.From "MT" and notary "TW" Link to comment Share on other sites More sharing options...
BV80 Posted March 30, 2012 Report Share Posted March 30, 2012 I still can't get over the fact that they haven't made discovery requests. It could be Schiff is not aggressive, or his firm is overloaded. Hmmm.... Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 30, 2012 Report Share Posted March 30, 2012 I don't know what they will do. A pre-trial is just that, a hearing before the trial to see if there are issues or if a trial will be needed. It can cover a ton of things. It's basically where the judge will just ask what needs to be done and can we move this forward, and if so, let's set a trial date. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 30, 2012 Author Report Share Posted March 30, 2012 I still can't get over the fact that they haven't made discovery requests. It could be Schiff is not aggressive, or his firm is overloaded. Hmmm....No discovery at all. They attached affidavit to complaint and that was it. They have sent me a bunch of settlement letters. Then came the motion for telephonic pre trial conference which was denied. I was planning on settling given I havent made a case as well, but maybe I shouldnt ? Link to comment Share on other sites More sharing options...
bikeluver43 Posted March 30, 2012 Report Share Posted March 30, 2012 I still can't get over the fact that they haven't made discovery requests. It could be Schiff is not aggressive, or his firm is overloaded. Hmmm....I've read a bunch on them, everything from they are sloppy, to they are scum, bottom feaders eager to file suit all the time, and have seen cases where they didn't show, and cases where they had a rent-a-lawyer show, and that any type of "standing up to them" makes them back down due to lack of evidence on their part. Basically use scare tactics to get default judgements. On my Summon's to SC it has 1 affadavit and 1 Facsimile printout (doesn't state when it was printed) just shows the date of the balance. To the OP, I'd say get your defenses ready, get as much built up as you can and go in there confident that your going to beat them. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 30, 2012 Author Report Share Posted March 30, 2012 I've read a bunch on them, everything from they are sloppy, to they are scum, bottom feaders eager to file suit all the time, and have seen cases where they didn't show, and cases where they had a rent-a-lawyer show, and that any type of "standing up to them" makes them back down due to lack of evidence on their part. Basically use scare tactics to get default judgements. On my Summon's to SC it has 1 affadavit and 1 Facsimile printout (doesn't state when it was printed) just shows the date of the balance. To the OP, I'd say get your defenses ready, get as much built up as you can and go in there confident that your going to beat them.Thanks....I have the same thing...afidavit and Fasmile printout. Good luck to you as well. Link to comment Share on other sites More sharing options...
sjohnson11 Posted April 1, 2012 Author Report Share Posted April 1, 2012 I don't know what they will do. A pre-trial is just that, a hearing before the trial to see if there are issues or if a trial will be needed. It can cover a ton of things. It's basically where the judge will just ask what needs to be done and can we move this forward, and if so, let's set a trial date.One other thing here......there has been no activity on this case since Septemeber 2010. Maine law says they have up to two years. All that has been enetered on the case was there complaint with affidavit and my denial of everything. No discovery or anything else was done. Maybe that is why the telephone appearnce was denied ?? When I show up at the pre trial.....should I not settle given they havent proven anything yet (even though I have is a denial )....I ws planning on settling but am I making it too easy at this point ????......also given neither of us did Discovery...how is the judge going to view that??......I just want the best strategy going into pre trial. Link to comment Share on other sites More sharing options...
legaleagle Posted April 1, 2012 Report Share Posted April 1, 2012 Maine 1321 Washington Ave Portland, ME 04103Maybe this is why they were denied, they have an office in Maine. They are also borderline brain dead newbies, most of their lawyers are idiots who barely passed the bar exam. I would fight based on that alone. I don't care who the OC is, they are only as good as the lawyer standing in the court room. Try asking for a dismissal based on lack of diligence, see how they like that one. I would not mention discovery unless the judge does. No sense in reminding HLS how incompetent they are. Link to comment Share on other sites More sharing options...
sjohnson11 Posted April 1, 2012 Author Report Share Posted April 1, 2012 Maine 1321 Washington Ave Portland, ME 04103Maybe this is why they were denied, they have an office in Maine. They are also borderline brain dead newbies, most of their lawyers are idiots who barely passed the bar exam. I would fight based on that alone. I don't care who the OC is, they are only as good as the lawyer standing in the court room. Try asking for a dismissal based on lack of diligence, see how they like that one. I would not mention discovery unless the judge does. No sense in reminding HLS how incompetent they are.Thanks. I will not bring up Discovery. If judge asks why I originally didnt do Discovery what should I say ? .....when would I ask for dismissal based on lack of diligence ..before pre trial hearing/during ?So should I basically go to hearing...dont agree on settlement and see where it goes ? Thanks for all the help Link to comment Share on other sites More sharing options...
RockDaddy Posted April 1, 2012 Report Share Posted April 1, 2012 (edited) SJ,If you read the general sentiment on this board, in this and most of the other threads, you'll notice a general theme here overall - most of us, if given the choice, do not settle with JDB's, unless our specific situation would warrant that we do so, either for personal reasons, or if it's the best end-result for what WE want. ie; Pay for Delete to get something off of your credit report.Since you've had some reservations, or second thoughts, and have found us, why not use this board to the absolute best you can? Read up on things like *Standing* or lack of standing as to why a JDB should never be settled with.It's easy, it's fun and it's free here. Why wouldn't you?And by the way, in my opinion, some of the best here on the CIC forum have responded to you in this thread. Head their advice, or call an attorney if you don't feel you can do this yourself.Coltfan has pretty much spelled out how this will go; it will get postponed when they ask you to settle for 80% and you tell them to pound sand, or more politely say, 'no way'. Read the other threads to find out why - your trusty JDB bought your debt for .03 or .04 on the dollar, that's why. And they bring you a 'bargain' if you settle with them for 80%, you get my thought here?I was in a similar situation and basically said to their rent-a-lawyer at pre-trial, 'you know, I'm going to drag this out, so that it costs your client more than it will be worth if they sue'... and he bailed with prejudice, because I could back up my game with FDCPA violations I'd sue for if they continued. I've read of one poster here who watched defendant after defendant give in to the lawyer for one JDB at her local courthouse,during a day scheduled for mass-pre-trial conferences of this particular JDB's cases. She went last, stood her ground and the lawyer said, 'okay, we'll dismiss it, we caught enough fish for the day anyway' or thereabouts... I'm paraphrasing, but you see what I mean.Do some research, dig in and see what happens. It can't hurt, especially if you were *planning* on settling anyway.Good Luck. Keep us posted. Edited April 1, 2012 by RockDaddy Link to comment Share on other sites More sharing options...
sjohnson11 Posted April 1, 2012 Author Report Share Posted April 1, 2012 SJ,If you read the general sentiment on this board, in this and all of the other threads, you'll notice a general theme here overall - no, we do not settle with JDB's, unless our specific situation would warrant that we do so, for personal reasons. Since you've had some reservations, or second thoughts, and have found us, why not use this board to the absolute best you can? Read up on things like *Standing* or lack of standing as to why a JDB should never be settled with.It's easy, it's fun and it's free here. Why wouldn't you?And by the way, in my opinion, the best of the best here on CIC have responded to you in this thread. Head their advice, or call an attorney if you don't feel you can do this yourself.Coltfan has pretty much spelled out how this will go; it will get postponed when they ask you to settle for 80% and you tell them to pound sand, or 'no way'. Read the other threads to find out why - your trusty JDB bought your debt for .03 or .04 on the dollar, that's why. And they bring you a 'bargain' if you settle with them for 80%, you get my thought here?Do some research, dig in and see what happens. It can't hurt, especially if you were *planning* on settling anyway.Good Luck. Keep us posted.Thanks Rock Daddy.....I have been told Howard Lee Schiff is not a JDB...There have been some different opinions on that here, but my credit report has not changed. Either way I will take your advice and keep researching. I will keep you updated. Thanks Link to comment Share on other sites More sharing options...
RockDaddy Posted April 1, 2012 Report Share Posted April 1, 2012 Thanks Rock Daddy.....I have been told Howard Lee Schiff is not a JDB...There have been some different opinions on that here, but my credit report has not changed. Either way I will take your advice and keep researching. I will keep you updated. ThanksSJ,I edited my post above. Read the sections I added.My personal story *was* with a JDB. The gal I spoke of who watched pre-trial conferences with the lawyer, I believe, was with the OC (not a JDB).How much is the amount for? This may give you an idea if they'll settle or not, based on how much they stand to collect vs. how much a suit will cost them.I'm in Boston, family is originally from Maine though. Good luck.Eat at J's Oyster. Link to comment Share on other sites More sharing options...
legaleagle Posted April 1, 2012 Report Share Posted April 1, 2012 Thanks. I will not bring up Discovery. If judge asks why I originally didnt do Discovery what should I say ?I would say that since the plaintiff made such a lackadaisical effort in pursuing his own case, it appeared to you that they had absolutely no evidence and therefore discovery wasn't really that important. HLS is a collections law firm operating all over New England. they have a web site. They are not a JDB. Link to comment Share on other sites More sharing options...
RockDaddy Posted April 1, 2012 Report Share Posted April 1, 2012 I was referring that my personal story was with a JDB - not with HLS.I was hoping to inspire the OP, that it is possible for you to show up at a pre-trial hearing and get them to give up sometimes. Especially if you show that you've done your homework. With me, I was able to suggest that the JDB has violated the FDCPA a number of times and I was willing to sue over it.I have no idea if this would work with a CA representing an OC though.YMMV. Link to comment Share on other sites More sharing options...
sjohnson11 Posted April 1, 2012 Author Report Share Posted April 1, 2012 SJ,I edited my post above. Read the sections I added.My personal story *was* with a JDB. The gal I spoke of who watched pre-trial conferences with the lawyer, I believe, was with the OC (not a JDB).How much is the amount for? This may give you an idea if they'll settle or not, based on how much they stand to collect vs. how much a suit will cost them.I'm in Boston, family is originally from Maine though. Good luck.Eat at J's Oyster. J's Osyers is a great spot....from Boston and now in Portland. Well its for just under $8000....Thanks for the tips. Can be overwhelming at times, but is starting to makes some sense. Link to comment Share on other sites More sharing options...
sjohnson11 Posted April 1, 2012 Author Report Share Posted April 1, 2012 Thanks. I will not bring up Discovery. If judge asks why I originally didnt do Discovery what should I say ?I would say that since the plaintiff made such a lackadaisical effort in pursuing his own case, it appeared to you that they had absolutely no evidence and therefore discovery wasn't really that important. HLS is a collections law firm operating all over New England. they have a web site. They are not a JDB.Thanks LegalEagle....I know you have crushed Schiff before so I hope I can do the same. Link to comment Share on other sites More sharing options...
legaleagle Posted April 1, 2012 Report Share Posted April 1, 2012 There was a tremendous restaurant in I believe the Dennisport area on the Cape, near that big circular intersection. It was an old fishing boat or some sort of ship that they dragged up onto dry land, I forget the name, Lobster House or some such name. Really good place, they had all the Irish bands there. Link to comment Share on other sites More sharing options...
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