Received CSR letter from junk debt crapheads, Need help

[HiRoy]

Hi, I received a settlement letter from the asshats suing me. Not going to settle. I also received their CSR letter, I have to prepare mine & send it CMRR tomorrow. Question? In theirs they request a settlement conference. I'm not going for that. What should I request? Arbitration conference? They only sent me 2 very vague statements when I sent them a BOP request. They requested 45 days & sent nothing more. Any advice? Please! This has to be done tonight.

Thanks so much everyone.

[shellieh98]

Where are you at in the suit?  Suit filed, answer filed,  What is the cause of action?  Breach of contract, or open book account?  Or just account stated?  then ?  BOP requested, and ignored?  Any Discovery sent? 

[shellieh98]

@HiRoy it appears you have multiple threads.  You should keep all your questions to your orginal thread so others can see what has happened in your case so far.  It is hard to tell you what we would do in your situation if we don't have all the facts of the case.  No one is going to jump thread to thread.  Just a little reminder.

[HiRoy]

I apologize. I'm on a cellphone.

[TomnTex]

If your still within the Calif. 4 year SOL, I would tell them that you elect arbitration with JAMS. File immediately for JAMS so that they can't force you into AAA.

[HiRoy]

Where are you at in the suit? Suit filed, answer filed, What is the cause of action? Breach of contract, or open book account? Or just account stated? then ? BOP requested, and ignored? Any Discovery sent?

I apologize for the multiple threads. I'm on a cell phone. This is an open book acct. I requested BOP & received two acct statements only. No discovery requested by myself or the other party. I rec'd their Case Mgmt Statement Fri. They are asking for a settlement conf. I would like to ask for arb as they only produced 2 statements when I req BOP

Any ideas?

PS Prior to their CMR, I rec'd a settlement letter. No thanks!

[HiRoy]

Tomntex what's AAA? Our CMR is mid June?

[shellieh98]

Is this an original creditor suit? Arb might be the best way to go.  AAA is where the OC would want to do arb, they are more plaintiff friendly, and do not cost as much.  JAMS is where they do not want to go because of the costs involved.

[Seadragon]

I apologize for the multiple threads. I'm on a cell phone. This is an open book acct. I requested BOP & received two acct statements only. No discovery requested by myself or the other party. I rec'd their Case Mgmt Statement Fri. They are asking for a settlement conf. I would like to ask for arb as they only produced 2 statements when I req BOP

Any ideas?

PS Prior to their CMR, I rec'd a settlement letter. No thanks!

Court arb will not go well for you. The Settlement conference will be to try to trip you up. Based on their response these documents are what they are going to trial with.

I would read ASTmedics thread and work from that angle. also you have to prepare your Case management statement also. bring up the issues and future motions and formally decline settlement conference, UNLESS it is mandatory at your courthouse. If it is then prepare for that being always on the alert. 

[HiRoy]

This is NOT the OC. It was written off & sold to a collection agency. Now, I'm being sued by H&H. What should I put in my CMS then? You say arb won't go well for me.

[Anon Amos]

I am going to speculate that the settlement hearing is mandatory. In my opinion I think you look better to the judge when you do not dispute going to these hearings. In the California rules of court it lays down the importance of these hearings. Both parties are supposed to show up and be willing to attempt reach a settlement, and act in good faith. Both parties are supposed to say what they feel a fair settlement is.

 

Rather than disputing any settlement or appearing not willing to cooperate with a settlement hearing, you could say that you would settle for a dismissal with prejudice, or possible just a dismissal without. Or (if you are not on a fee waiver) you could say that if they dismiss NOW you will not file for your fees, or if they dismiss in the next 2 months you will only file for 1/2 of the fees, something like that.

 

At my mandatory settlement hearing I was not the least bit cooperative and I said that I would not make any type of settlement. The judge was very bent out of shape, and said that she could rule in their favor if I am not willing to attempt any type of settlement negotiations (since their case appears to be very strong). That forced me to have to argue a bit of the case (like at trial, not a settlement hearing). I tore up some of their evidence and requested it go to trial, so I got thru it.

 

Also it took a lot of the lawyers time to go to the hearing and it sent a good message to him when he got to drive home with nothing.

[HiRoy]

So, when I fill out my CMS, I put that I want a settlement conference also? That scares me. Someone else here posted they would try to tripe up there. I have to do my CMS tonight. How do I find out if the settlement conf is mandatory? Also, what happens at the CMR? What can I expect? H&H already sent me a settlement offer if $700. I don't owe them anything. I don't want to pay them $700, but time is getting closer & now I'm nervous and don't know what to put in my CMS.

[TomnTex]

I think Sea was talking about court ordered arb like they do in Oregon. Also, possibly with an OC. You say it's with a JDB, much better chance at winning with arb on them. AAA and JAMS are two different types of companies that provide arb in disputes. Read Linda7's thread on arb.

[Anon Amos]

So, when I fill out my CMS, I put that I want a settlement conference also? That scares me. Someone else here posted they would try to tripe up there. I have to do my CMS tonight. How do I find out if the settlement conf is mandatory? Also, what happens at the CMR? What can I expect? H&H already sent me a settlement offer if $700. I don't owe them anything. I don't want to pay them $700, but time is getting closer & now I'm nervous and don't know what to put in my CMS.

You don't have to say you want one. I just meant that if the court orders one to just go along with it. It does not mean you have to settle, but just be open minded and consider offers. It is usually after a CMC that a settlement hearing comes up. The judge told me at my CMC that he was going to order both parties to attend a mandatory settlement conference. You don't need to worry about a settlement hearing, the judge will either tell you there will be one, or the court will send you notice of one and that is how you will know.

The CMC (or I guess in your case CMR) is not a big deal. It will probably last less than 5 minutes. It just a few questions from the judge regarding where your case is at, how things are going, what discovery is going on, and maybe when the plaintiff thinks they will be ready for trial. The judge may mention a settlement conference, set a trial date, or set a date for another CMC. It is not going to be a trial, you will not have to argue your case.

 

The judge did ask me at mine "what are the issues with this case?". The lawyer for the bottom feeder said "there are none".

I told the judge I dispute the debt, discovery is still ongoing, and that I wanted a jury trial.

 

Just fill out the CMS the best you can, and ask if you have q's about it. it is important that you do file the CMS

[HiRoy]

Do I have to file this at the courthouse? How many days does it have to be filed prior to the CMR date? If it's 15, is it regular days or calendar days? Which ADR process(RS) should I mark? Mediation, Settkement Conf, Neutral Evaluation, Nonbinding judicial Arb, Binding Private Arb, other?

Also, where it says Other issues

"The party or parties request that the following additional matters be considered or determined at Case Mgmt Conf, should I write that I sent them M&C letter after the BOP requesting all documents RE: this alleged acct & only received 2 very vague acct statements?

Please assist! I need to finish this today.

Thank you so much!

Also, should I put that I want a jury trial?

[Anon Amos]

Do I have to file this at the courthouse? How many days does it have to be filed prior to the CMR date? If it's 15, is it regular days or calendar days? Which ADR process(RS) should I mark? Mediation, Settkement Conf, Neutral Evaluation, Nonbinding judicial Arb, Binding Private Arb, other?

 

Yes you file it at the courthouse, and send a copy to the lawyer with a POS. 15 calendar days before the CMC hearing (that is the CA rules of court) check your local court rules to be sure they are the same. You are supposed to meet and confer by phone or in person 30 calendar days before the CMC as well (but most people don't).

As far as mediation, settlement, arb, etc.; I left the whole page blank because I would not want any of those options. That's my opinion, if yours is different then you would check accordingly. 

Also, where it says Other issues

"The party or parties request that the following additional matters be considered or determined at Case Mgmt Conf, should I write that I sent them M&C letter after the BOP requesting all documents RE: this alleged acct & only received 2 very vague acct statements?

 

I probably wouldn't, but you could if you wanted to. I don't think of that as an issue for a CMC, but if you brought it up it won't hurt your case. That is a judgment call on your part (as many things will be).

Please assist! I need to finish this today.

You don't need to be too critical about the CMC statement, just get it done on time.

Thank you so much!

Also, should I put that I want a jury trial?

Again, judgment call, and do YOU want a jury? Most people don't, and few could probably be prepared for one. So it depends on you, and what you feel you are comfortable with and able to handle. There is a lot more involved with a jury trial, and it will probably cost you some $. You would also want to watch a jury trial or two so you can see what is involved.

On the other hand; there is no way the lawyer is going to want to go to a jury trial, and you could always get out of the jury trial and have it converted to a bench trial at anytime. Myself, I would not have it any other way but a jury and a court reporter, but that is just my opinion.

 

Whether or not you demand a jury, I would want a court reporter. That might be a good thing to list on other things to consider, I think it sends a good message.

[HiRoy]

Thanks so much for your help. Anon Amos, did you win your case? How far did you have to go?

[Anon Amos]

Thanks so much for your help. Anon Amos, did you win your case? How far did you have to go?

 No problem...Yes, I got them to dismiss just a few days before the trial. It was a long battle, just under 1 year. 1 BOP, M&C letter, discovery, motion to compel, more discovery, more motions to compel, + they filed for sanctions for discovery abuse (and lost), 2 CMC'c, 1 settlement hearing, 2 motions to amend answer ( I lost both), 1 motion to add cross complaint (I lost), 2 court orders for me to appear for a conference with judge, several attempts to get a jury trial (which I was finally able to get) 1 subpoena, & 7 MIL's, (+ a bunch of extra paper work for the jury trial) and 3 phone conversations with the lawyer. I made them work hard for their dismissal with prejudice.

 

I was actually kind of looking forward to the jury trial., and was surprised how far they would go (even though I was warned about CACH). They have to be the worst of the bottom feeders, and very abusive. They deserve any bad they receive. The funny thing is; I actually tried to pay them when they first started to harass me (this is before I knew about abusive debt collectors). I offered them  $350 down and $100-$300 in monthly payments. They said unless I came up with $2,000 they would sue me and take even more. So I said sue me then.