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Coltfan V The Unlicensed Agency Over in Record Time


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March 3, 2012 intent to sue letter went out giving until Friday March 30, 2012 to settle or suit to be filed on April 2, 2012.

Intent to sue letter was assumed by collection agency to be the usual bluff most consumers send and intent to sue ignored.

Federal lawsuit filed, pro-se, April 2, 2012 at 11:00 AM with "courtesy copy" sent to registered agent.

Agency learns they just profiled the wrong person as bluffing and agency served federal lawsuit on Friday April 13, 2012. xxHellxx

Monday, April 16, 2012, lawyer for Defendant calls (messages left for me to this point had been ignored). Lawsuit settles in record time and only question is how fast the dismissal papers can be filed.

Lawyer was actually a very nice guy and we talked more about things that had nothing to do with the case more than we did the case. He did not even try to bluff, counter, or convince me his client did nothing wrong. He just said the release will admit no liability. I said I could care less, the check clearing is all I care about.

Figured I would get this update out before the non-disclosure is put into effect. Obviously can't go into great detail since nothing has been officially signed, but it's safe to say that I got what I wanted. If I had not I'm sure most know this would be litigated. I flat out told the lawyer I was looking forward to federal court.

Let's put it another way, a rule 68 offer of judgement would have easily forced me to settle. ;) If you know what an offer of judgement is you can read between the lines if you want to know on whose terms this was settled. :)

"First there are those who are winners, and know they are winners. Then there are the losers who know they are losers. I ain't nothing but a winner." - Bear Bryant ::BigGun::

Edited by Coltfan1972
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most people don't realize, filing the lawsuit like 90% of the battle. these things rarely if ever get litigated.

The attorney started out by saying that he settles these suits without a trial 99% of the time and wanted to see if we could do the same with this one.

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GREAT JOB!!!! Hope you make them bleed good money!!!!

Thank you!! Relatively speaking in terms of FDCPA settlements or awards it's very good. However to be fair, generally speaking, you are not going to get rich off a single FDCPA suit, unless there is just some national news over the top type violations.

This was based on a letter and a licensing issue. While I will get a ton more % wise than if they would have just settled the minute I sent the ITS when I would have actually entered into negotiations, to make sure there is no misunderstanding, it's not huge money.

I'm pretty sure that most know this, but I don't want somebody new stumbling across this thread and think we are talking about tens of thousands of dollar.

This lawyer knew I was not bluffing (I guess when you file a federal case pro-se that makes it pretty clear), he was professional and took me serious. He knew and he knew I knew how this was all going to end and he just cut right to the chase.

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Coltfan,

I am going to take the low road on this one. I am utterly disappointed that you would decide to settle this case.

I was planning on taking a late fall vacation to arkansas, and I had just purchased an easel, crayons, and some paper. Not only was I going to attend trial, I was going to be the courtroom artist.

Lastly, above all else, I will never know how the eggshell doctine would have worked out.

Dammit, and damn you!

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Lastly, above all else, I will never know how the eggshell doctine would have worked out.

They did not want to find out either. ;)

When you get everything you asked for you just have to settle. Not much I could do, they gave me what I asked for. They could have filed an offer of judgement and then I would have owed for their legal bills since I refused to settle for what I was asking for (that's basically what an offer of judgment in this case would have boiled down to). :lol:

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They did not want to find out either. ;)

When you get everything you asked for you just have to settle. Not much I could do, they gave me what I asked for. They could have filed an offer of judgement and then I would have owed for their legal bills since I refused to settle for what I was asking for (that's basically what an offer of judgment in this case would have boiled down to). :lol:

It also would have boiled down to a federal judge's blood boiling.

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The attorney started out by saying that he settles these suits without a trial 99% of the time and wanted to see if we could do the same with this one.

Yeah, but it makes me upset that these settlements are just good math. They persistently operate illegally, knowing it makes them more money than it costs them in settlements. Just a "cost of doing business" for them.

Congrats to you, though! Maybe if enough follow suit (pun intended), the math will stop working in their favor.

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Yeah, but it makes me upset that these settlements are just good math. They persistently operate illegally, knowing it makes them more money than it costs them in settlements. Just a "cost of doing business" for them.

Congrats to you, though! Maybe if enough follow suit (pun intended), the math will stop working in their favor.

You've nailed it 100%. Not much else I could have done other than getting frivilous in federal court, which I was not about to do, because they gave me what I wanted and asked for.

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And just when I was starting to think you were a creditor's sock puppet...

How much did you get them for?

And what did they do wrong?

I thought about countersuing the clowns that sued me.

Do you do this for fun or profit?

:mrgreen:

*******update******

I thought about pursuing a "lack of legal standing to sue" attack on the JDBs suing me, but instead I negotiated a settlement. Now, the question is, will they honor my recent filing of "stipulation for dismissal with prejudice," I told them that's what they agreed to by cashing the check. I guess thats sorta like honoring a non-disclosure agreement. They were pretty quick to cash that check, probably paid a couple months rent on that ****ty building they work in.

******************

Anyway, go get 'em, Coltfan!

:mrgreen:

cs38

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How much did you get them for?

Can no longer discuss the specific details.

And what did they do wrong?

I alleged a lot of things, the case has now been dismissed. However, you can go back through my posts and I basically have the whole complaint in those older posts.

Do you do this for fun or profit?

Simply did it because I could, knew there was not do a damn thing could do about it and if they wanted to press a trial I would annihilate them. If they did not believe me all they had to do was ask me.

I thought about countersuing the clowns that sued me.

I thought about suing the collection agency I sued, and then I did sue them in Federal Court. These collection agencies and junk debt buyers are not afraid of threats, thoughts, or intent to sue letters. They only respond to a summons and complaint wrapped around those threats.

I thought about pursuing a "lack of legal standing to sue" attack on the JDBs suing me.

Next time don't just think about it, do it. It's basically a 100% guaranteed way to defeat any junk debt buyer. Generally speaking, they won't even press to a trial if you attack their standing, they will dismiss right at the last minute if you don't settle.

But instead I negotiated a settlement.

Whatever works for the person involved in the lawsuit and what they define as good for their case. It would never even cross my mind to settle with a junk debt buyer but everybody defines an acceptable resolution differently so won't tell you that you should not have settled.

Now, the question is, will they honor my recent filing of "stipulation for dismissal with prejudice,"

If you paid them in full for whatever you agreed in writing with them then they should.

I told them that's what they agreed to by cashing the check.

Told them as in verbally told them or told them as in a written agreement told them.

I guess that's sorta like honoring a non-disclosure agreement.

No, not at all. A non-disclosure agreement just stipulates what both parties will or will not say from the time of entering into the non-disclosure agreement forward.

They were pretty quick to cash that check.

I'm sure of that !!

Probably paid a couple months rent on that ****ty building they work in.

The only thing a settlement with a junk debt buyer should be able to pay is a couple of days rent at a run down Motel 6.

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