Saltmines Posted April 4, 2012 Report Share Posted April 4, 2012 Hi all, I've been lurking here for a bit and have been furiously reading and trying to learn.Quick back story:I was served in Feb 2012 by Pride Acquisitions LLC...OC is Chase, original amount owed $34K. Answer filed early March. Last payment made 1/2009 and I'm in California so this is w/in the SOL.I have a case mgmt conference scheduled 6/5/12. I have a baby coming in July and won't have time to fight the case, at least I don't think I will. I did read about poster Kobayashi's big win against Pride and that motivated me, but given my circumstances I think I'd rather just settle.Do you think a 5% settlement w/these people is possible? I don't have much cash and this pre-dates my marriage and I don't want my husband to have to help out if he doesn't have to. But is 5% way off-base?If I haven't provided enough info, let me know. Thank you for your help! Link to comment Share on other sites More sharing options...
1stStep Posted April 4, 2012 Report Share Posted April 4, 2012 I say fight- they never had their <stuff> together with Kobyashi's case and he won...Have you sent them a BOP yet? If not, do so ASAP - that will stump them and buy you some time. Link to comment Share on other sites More sharing options...
Saltmines Posted April 4, 2012 Author Report Share Posted April 4, 2012 Kobayashi's case was very inspiring. Lots of similarities w/mine...same amount owed, same JDB, etc.I haven't sent a BOP yet but it sounds like a good idea. If it comes down to it, I am willing to settle but can't do it for more than 5 or 10%.Just so I'm clear, the BOP is useful whether I proceed w/fighting the case or just merely settle?I hope I don't sound too ignorant. Link to comment Share on other sites More sharing options...
1stStep Posted April 4, 2012 Report Share Posted April 4, 2012 Yes... it does 2 things...forces them to itemize all the activity on the account in 10 days and if they fail to do so, you can file a motion to have evidence of the account precluded. I think in Kobyashi's case, they could not respond to it...and he ended up having them compelled to respond and they still couldn't. Link to comment Share on other sites More sharing options...
Saltmines Posted April 4, 2012 Author Report Share Posted April 4, 2012 Definitely the way to go then...thank you for the info! Link to comment Share on other sites More sharing options...
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