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A left handed Win for the Plaintiff?


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An OC won on a contract Civil Action but the account stated theory was found in favor of defendant. No attorney fees were awarded to plaintiff's council and they are only allowed to add 5% interest.

 

How will they feel about pursuing this for the OC?   Is it a waste of time to make the attorney spend more time and money trying to collect?

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If they have a judgment, I would assume they would activity pursue collections.  Judgments are a powerful tool.  

 

 

 Thanks Sis !

 

Well they have already spent a year and a half on the case and have not gotten paid for that. Unless the OC paid them ahead of time?

Their own records show I have no assets,bank ,phone, car, valid employment. All they're doin is psssin~in~the wind I'd say.

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File a motion to vacate the Judgment with memorandum of points and authorities. If it took a year and a half the Plaintiff was just running up the interest charges. Judgments are good for usually 10 years and are renewable. Your financial position more then likely will change and these guys will come out of the blue and attach something or garnish your wages.

 

Maybe there was some inequities at trial that will allow for an appeal.  It just might be a few more actions on your part will to get them to drop but you have to clear the Judgment first if you can first.

 

HP

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File a motion to vacate the Judgment with memorandum of points and authorities. If it took a year and a half the Plaintiff was just running up the interest charges. Judgments are good for usually 10 years and are renewable. Your financial position more then likely will change and these guys will come out of the blue and attach something or garnish your wages.

 

Maybe there was some inequities at trial that will allow for an appeal.  It just might be a few more actions on your part will to get them to drop but you have to clear the Judgment first if you can first.

 

HP

 

 

 

Thanks HP !

 

 Yeah Maybe! Couldn't hurt aye?

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Vinny how did they win what did they produce at trail?, You were doing well last I knew what was the game changer in the trial?

 

 

Hi racecar ! How U doin~!

 

They had an attorney stand in as a fact finder instead of a judge. Had I known I would not have pressed my MSJ against them. That would have pressed them to go to trial. Instead I got a fact finder that was more or less on the plaintiff's side. instead of a judge. Like my last two judges denied the plaintiff's MSJ Twice. At the They produced a 2010 agreement and account stated and a few money order checks they had received on payment of account. Not sure why the court found in favor of defendant on account stated.  Maybe they were splitting hairs.

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Guest usctrojanalum

Not a left handed win, that is a total win. Also, collection attorneys are mainly compensated on a contingency basis, sometimes with a small suit fee of 5-10% of the balance per referral which usually capped at a certain number.

 

Also judgments are valueable assets to own, even if you do not have assets.  Just because you have nothing now, does not mean you will have nothing in 7 years.  Also judgments themselves have a monetary value, and the plaintiff can later sell it for $$ and still end up recuperating some of their losses.

 

Also, even though this not a hospital debt, Hospitals in the State of NY can get a low interest loan up to 50% of the value of their judgments from the NYS dormitory authority... so they have even more incentives to get judgments whether they can collect on them or not.

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