ADR_NJ_080

Success in vacating summary judgement! Motion hearing in 2 weeks. What to do next?

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Quick summary of my story:

Midland purchased my defaulted acct from Chase in Jan 2012. Acct was for $3,000. Midland sued me immediately. I've responded to interrogatories, admissions, etc. Lots of time wasted on that stuff. They filed motion for summary judgement in December. Judge approved motion for summary judgement.

I recently filed a motion to vacate summary judgement based on the fact that due to hurricane sandy, I did not have enough time to adequately respond to plaintiff's original motion for summary judgement. Judge granted me order and vacate summary judgement! Yay me! Plaintiff immediately refiled motion for summary judgement. I responded and objected. They objected to my objection of course, and since then, judge has not granted or denied plaintiff's motion for summary judgement.

Now there's a "motion hearing" on Feb 9th and another hearing Feb 12th. I'm guessing plaintiff (midland) requested a hearing based on the fact that maybe the judge wouldnt grant summary judgement, based on my critique of their "evidence". In NJ they are able to request a hearing, and my assumption is that that is what's happening.

Anyone know what goes on at a motion hearing? What should I be prepared for? I'm a little worried that judge will grant them summary judgement at the hearing, but who knows. Then theres the hearing on Feb 12th... no idea what that's for.

Also, I actually would like to settle BEFORE the hearing date. I.E. within the next 5 days or so. I'm starting the settlement offers at $500 and will go up to around $1,000 from there, but no higher. I will refuse to send any money until the offer is in writing and they agree that they will report as paid in full in my credit report and no one can sue me again for the account. Do you think they will be willing to settle as paid in full for like 25%? I've seen people here say 25% is possible. If I could throw out $750 and have this settled, I'd take it. Plaintiff is not letting up on pursuing this case and I'm considering bankruptcy just to have to not worry about it.

Thoughts?

Thx in advance!

ADR

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Be sure your settlement also includes that you are not admitting to owing the debt, and agreeing to a TWO-WAY NDA that includes them NOT confirming any CR dispute.

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