bambi

being sued, what's next?

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No not really. Very basic. I guess in my mind, something is better than nothing, and if I have to file BK, they get nothing, but I guess we'll see. So just in case they do talk settlement, is there anything else I missed, or need to add in talking settlement?

How much we have agreed on for me to pay.

When the payments are due, that they will be paid by money order, and where they should be mailed.

That they agree to report to the credit bureaus that the debt is "paid in full" as soon as the settlement is reached, and send me written proof that this has been done.

That all interest, and late fees will cease.

That they agree that it will never transfer, assign, sell, hypothecate, re number, or convey the account.

That FIA owns the account.

I'm just afraid of signing something and not having certain things in the agreement.

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Did they ever respond to your settlement letter?  If not they are going to try and stick you with the whole amt I'm afraid. Just make sure if they do agree to a lesser amt that there is no 1099 attached you would have to pay taxes on. You need to be prepared not to like what goes on at pretrial and decide to go to trial and take your chances there. At least you can file some MIL's and try to get some evidence gone. Someone else will chime in.

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Did they ever respond to your settlement letter?  If not they are going to try and stick you with the whole amt I'm afraid. Just make sure if they do agree to a lesser amt that there is no 1099 attached you would have to pay taxes on. You need to be prepared not to like what goes on at pretrial and decide to go to trial and take your chances there. At least you can file some MIL's and try to get some evidence gone. Someone else will chime in.

AGREED.

Bambi if I was you I would just try to find a way to get rid of the stress the case is causing you and learn to cope with the nerves. Drag this out as long as you can. They will react to your eagerness to settle much like a shark reacts to blood in the water.

Pre trial will be fast and no big deal. The only talk of settlement from the judge will be "have you talked about settlement"? "would you like to go out in the hall and do so now?" or maybe "I am going to set a mandatory settlement conference for (a specific date)".

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OK, I'll suck it up, and do as you say. I am worried about getting a judgement against me at the trial, and the judge making payments higher than what I can afford, and. . . Then I would be on the hook for the whole amount. They never responded to my settlement letter. I'm pretty sure they will file a SD tmw, so I'll have to respond to that then too.

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Let's see what happens at the pre-trial conference ......... whatever you do there; don't admit to anything.

I agree with Anon Amos in that the longer you drag this out .......... the more willing they might be to settle. Every time you require them to come to court or to respond to a motion costs the plaintiff attorney fees. Don't appear to be overtly eager to settle.

Of course you will have to justify the emotional strain on you versus the speculative amount of leverage the delay might gain you.

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OK, I'll suck it up, and do as you say. I am worried about getting a judgement against me at the trial, and the judge making payments higher than what I can afford, and. . . Then I would be on the hook for the whole amount. They never responded to my settlement letter. I'm pretty sure they will file a SD tmw, so I'll have to respond to that then too.

Yes, the judgment against you is your biggest concern, but if your credit is already bad then it's less of a concern, however a judgment last longer and is renewable. I would fight it to the very end, then if you get a judgment you can file BK (that's a little bit of leverage right there). Any settlement should be just days before a trial (in most situations and in my opinion).

BTW: Did you file an objection to their request to file dispositive motion?

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I think the judge granted it when she did not show up for the hearing?  Can she still oppose it if he allowed it? And how can she work on the opposition without knowing what is in it??     This is a strange one

Did I miss something again? I did not know she missed a hearing, I think she goes to one tomorrow.

There are post in this thread that say what is in the request for leave of court to file the motion (basically their argument for the summary judgment). We were working on an opposition to their request for permission to file the summary judgment.

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You didn't miss anything. Bambi cancelled her MTC hearing when plaintiff sent their discovery a few days late.

Personally, I don't think that was a good idea but, it is what it is.

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I have been following this thread for some time, and am not looking to hijack in any way, I hope all works out for the best for you Bambi!  I thoroughly understand your frustration, and think is a blessing for the help in this board!

 

I hope to post a question here as Bambi's situation is really making me second guess something.... I also have a short discovery period, the judge gave aprox 60 days.  I have still to send admissions to plaintiff for them to answer, and I am before the deadline.  But am I actually supposed to factor in the time period of 30 days (plus 5 for mail) that is allowed for response in the given discovery period also?  If so, and they answer past the deadline then it will be my error?  

 

sorry all, & if I need to repost somewhere else will do!

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If you send admissions before the end of the discovery period set by the judge and they answer post deadline ........... it is not your error.

Michigan has a 28 day response time. If plaintiif doesn't respond to your admissions within that time frame they can be deemed admitted.

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If you send admissions before the end of the discovery period set by the judge and they answer post deadline ........... it is not your error.

Michigan has a 28 day response time. If plaintiif doesn't respond to your admissions within that time frame they can be deemed admitted.

Oh my goodness Savoir, thank you so much!!  I have been worried about that!  Have a good day

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If you send admissions before the end of the discovery period set by the judge and they answer post deadline ........... it is not your error.

Michigan has a 28 day response time. If plaintiif doesn't respond to your admissions within that time frame they can be deemed admitted.

Yes, but don't you still need to send them with time remaining (in the discovery stage) for them to answer? if you have 25 days left in discovery, and then send them discovery, by the time their response is due: the discovery stage will have already been cut off. I don't know your rules, but you would be out of luck in California.

Of course you could always just send them anyway and see what happens.

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Yes, but don't you still need to send them with time remaining (in the discovery stage) for them to answer? if you have 25 days left in discovery, and then send them discovery, by the time their response is due: the discovery stage will have already been cut off. I don't know your rules, but you would be out of luck in California.

Of course you could always just send them anyway and see what happens.

How do I find out?  I cannot find anywhere in Mass rules

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How do I find out?  I cannot find anywhere in Mass rules

It's got to be in the rules somewhere. Usually discovery ends 30 days before trial. A lot of times this is discussed at case management conferences, or pre trial hearings (it may be something decided by the judge, rather than a rule). If you have a trial date in 30 days, and then you send them discovery; although you may still be within the discovery period, you don't give them enough time to answer. Actually you just leave them a way out from answering, because by the time their response is due; it will already be the trial date (again, I don't know your rules)

Do you have a trial date yet?

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The rules in Michigan are not clear regarding this issue but, due to some research on my part .......... I stand corrected.

Discovery MUST be requested with enough time for answers to said discovery requests to be submitted.

This has little to do with the Massachusetts rules though .......... research your rules .......... even if the rules are gray.

 

Make discovery requests promptly, so the party to whom the discovery is directed has sufficient

time to answer or object before the discovery deadline.

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Thanks both of you!  I think I will be okay, just going to make it.  And no trial date yet.

If you have no trial date yet then you are in a very good position, and have plenty of time for discovery (assuming your rules allow it). The main thing (and possibly the only part of discovery you will need)is to get in a few simple request for production of documents.

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Hey, hey go easy on me hot. Well. . . . . I finally did settle. They did accept 100.00 a month and I was able to get it down to 11,000. I know it sounds bad but for me it was creating so much stress, I finally decided to take the deal. I am half expecting to be sued again for other cards I've not paid on. I will immediately come to this sight first and do it right the next time. But I couldn't have gotten as far as I did, w/o everyone's help. I was facing the OC, and the actual lawyer from their firm came over from the other side of the state, so they were going full force.

I do have a question tho. He made mention that he couldn't guarantee that FIA would keep the loan for the whole time. He said they may decide to sell it off down the road. In which case if they do, could the new owner of the debt, (no doubt a JDB ) start with the full amount and come at me again, or can they only collect on the balance of what I owe? If it were to get sold off, prob. To a JDB, am I still obligated to pay them?

Thank you to everyone for hanging tough with me, and helping me through this. Like I said, I could never have doe as much as I did without all of you. Thank you, thank you, thank you.

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Keep meticulous records of what you have paid on this settlement so that if FIA does sell it to another collector and they try to mess with you ............. you can show what the true balance is.

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I plan to pay with a money order, I will be keeping the duplicate copy of that, do I need more than that? I'm sending the payment into the law office, and they will not be sending out any statements or anything.

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Hi Bambi, That was a compliment. I meant because of all the help and support and hits you got. Nothing detrimental. You know I was alwasy trying to help.Glad you got some peace of mind, and I would not worry about what will or will not happen in the future.

 

Just be glad it is over and you got a payment you can live with and I wish you the best. Always . Pam

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