rlv22 Posted April 9, 2012 Report Posted April 9, 2012 Being sued by Chase for 30 k+. Local attorney for OC.There was a set deadline for Discovery to be completed a few months ago. My Discovery requests were never answered. I thought they had nothing and was going to try and eventually dismiss the case. I recently sent a reminder letter to the attorney about Discovery and he sent me everything I asked for and more. Looks like I made a big mistake.My question is....will their Discovery be accepted now given that I sent a reminder letter asking for it. It is 3 months past the original Discovery completion date. Can I asked to have it precluded? I am hoping the court will not accept it. I am going to call Court this morning and see if it was accepted.is there anything I can do at this point? pre trial hearing coming soon.
Coltfan1972 Posted April 9, 2012 Report Posted April 9, 2012 It won't get precluded. That is what the cooperation or remind letter is for. If you had not sent the letter they would have just told the judge they had not gotten your response. The judge would have just told them to send it to you and set a date. You have to show you were prejudiced by the delay. The best you will get out of it is a delay. Where you get them when they don't provide something is when they answer your discovery and then don't provide what is needed, object, or say they don't have it. That is not the case here. It's the reason the courts require a letter such as you sent prior to precluding the evidence or compeling the other side to produce.30K in the hands of the original creditor who has already sued and retained counsel? Yeah, they are not going away. Not saying they will win, but this is not going to be something they just drop to save the hassel.
rlv22 Posted April 9, 2012 Author Report Posted April 9, 2012 Thank you. I will probably have to end up settling. They have sent me all the statements from 0, cardmember agreement etc. Pre trial hearing is next month. Should I call and settle now or show up at this hearing and discuss settlement then?
Coltfan1972 Posted April 9, 2012 Report Posted April 9, 2012 Do either one. You might get a better settlement if the attorney knows you are going to save him from having to appear in court. It might knock off a little just to make it easier. They have you over a barrel. They are going to make sure a settlement really means you are paying all you can really afford. That is a lot of money.
legaleagle Posted April 9, 2012 Report Posted April 9, 2012 30 large from zero and all the other paperwork too? I'd leave the country. LOL. Seriously, they are going to give it to you in a most uncomfortable way. Settlement is pretty much off the table if they have you this good, but you never know. They might take a tad less. All that remains now is what can they get from you? Job? Property? More details. If you are collection proof, who cares.
rlv22 Posted April 9, 2012 Author Report Posted April 9, 2012 Before they sued me they did offer a 50% settlement. Are you saying there is no chance of that coming back? I was laid off at the time, but recently have a new job.
Coltfan1972 Posted April 9, 2012 Report Posted April 9, 2012 Well anything is possible, but the key that you said was, "before they sued me" 15K is better than nothing. However, it just depends on your job. They can take 25% of your paycheck with a garnishment order. Do the math and see if it makes it worth their time. It's a hard question to answer because there are a ton of other factors. Obviously the main factor is how much they think they can get from you. It's simple math. They are going to go with whatever way makes them the most.
legaleagle Posted April 9, 2012 Report Posted April 9, 2012 It goes beyond wage garnishment. You have to check the exemptions etc for your state. In some states they can lien your home, then force you into foreclosure if there is enough equity. They can seize personal property, levy bank accounts, etc. They won't give up if they feel you are a prime target, which you are. It's usually a bit late to accept a settlement offer after you lose your case. Why should they accept? Would you? You can ask, but I think the number may go up a bit. If they think you can fork over 15 grand, they may just keep going and look for the 15 grand. They can seize it if they can find it.
Rudy Baylor Posted April 9, 2012 Report Posted April 9, 2012 Is this the only thing you owe?If you have a bunch of other debts you owe you can consult with a BK lawyer.
rlv22 Posted April 9, 2012 Author Report Posted April 9, 2012 Is this the only thing you owe?If you have a bunch of other debts you owe you can consult with a BK lawyer.I have one other one for around 7k...however both of these are coming off my credit report in less than 2 years and I can settle these over a six month period.
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