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Arbitration for the win! Settlement letter assistance


DooleyMoe22
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Successfully negotiated with Un!fund's attorney to dismiss with prejudice in return for withdrawing arbitration initiation. This after almost a year of summons/pre trial hearing/discovery/etc.

 

Any suggestions on wording for a settlement? Resources I should use?

 

Quick Summary:

 

UNIFUND serves summon ~9k (In MA) in december of 2012

Answer filed

motion for more definitive statement denied (they provided nothing with summons)

Send discovery (POD and admissions)

Received discovery and answer

UNIFUND does not respond to POD, is late on admissions.

File motion to compel discovery and deem admissions admitted (june of 2013), judge refuses to look at it, but I finally officially get POD and admissions.

August of 2013 - Have motion to deem admissions/reconsider ready, however decide to initiate arbitration with JAMS

Judge defers next pretrial to december (refused to rule on motion to compel arbitration)

September - JAMS initiated, waiting on payment from UNIFUND

October - I offer to settle for a payment to me of $500 and dismissal with prejudice, end up agreeing to settle, dismissal with prejudice of court case and arbitration.

 

The judges in MA were very unfriendly to me representing myself. Even with the rules of court/law on my side (I had proof they did not respond to admissions within the timeframe, including certified receipt, while lawyers said they mailed but had no proof), refused to take or rule on most of my motions, etc. So I decided to go the arbitration route when I found the contract with JAMS on it. The one they tried to pass off has AAA but no JAMS.

 

I'm surprised it got this far, the lawyer made 5 court appearances, his office and home is over an hour away. When the judge ordered us to 'negotiate' I flat out told him he had no chance and I was going to fight this tooth and nail. He kept on pushing. I told him if he fought arbitration I would push the late admissions issue, so he agreed to arbitration. I initiated and he folded when they asked for the initial $800.

 

I'm confident I could've won if this went to trial, their documentation was horrible, it had been sold twice and none of their evidence had affidavits or was sworn. This site was a great help and made the process almost fun (almost).

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Just send a letter to the attorney to remind him to dismiss his complaint with prejudice in return for you withdrawing your arbitration initiation.

When he dismisses his complaint you will dismiss yours.

Make sure its done with prejudice or he might sell the debt again and it will start over.

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Glad you are good with your settlement offer, however I would have never offered them $500 on a $800 alleged debt.  I would have offered them "no" money, but rather a dismissal in JAMS for their dismissal with prejudice of the court case, deletion of the negative trade lines, no selling of the debt and no 1099.  So many times when a creditor (especially a junk debt buyer) is offered this - they will gladly accept in order to get out of paying the fees in arbitration.

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Linda... perhaps I didn't explain correctly :)

 

Suit was for ~$9k

I offered to settle for a payment to 'me' from the JDB of $500 (they were faced with paying the initial JAMS payment of $800)

My settlement offer included dismissal w/prejudice, removal of negative credit info, no selling of debt. Only thing I did not think of was the 1099

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Yes indeed!!  I like that!!  Great job! 

 

If they agreed previously by mouth, I would be looking for their attorney to follow that up with a settlement for you to sign.  Just be sure and look it over really well. 

 

You can always still negotiate until the settlement is signed.  If something isn't right or you want to let them know that you also want the "no" 1099 - just tell them after you look it over to include it.  They can always send you an updated settlement with the terms that you want. 

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I'm curious about the 1099c.  Unifund, as a JDB, has no right to issue one...but the OC should, I would think.

 

I've seen some try.  Asset Acceptance quickly comes to mind. I always like to throw it out "and" get it on paper or their explanation of why it is not needed just in case.

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I had them draft a proposed settlement... and it was fairly neutral (nothing sneaky, just lots of extra words), I pared it down, added some specific language (they claimed that unifund does not report the debt to the agencies..but I added wording about removing any entry from them or the OC, both now and in the future. We'll see how much of a stink they put up.

 

One thing I'm curious about... I initiated the arbitration (got to the point where there is a file #), if I withdraw with JAMS will they still try and collect fees?

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I had them draft a proposed settlement... and it was fairly neutral (nothing sneaky, just lots of extra words), I pared it down, added some specific language (they claimed that unifund does not report the debt to the agencies..but I added wording about removing any entry from them or the OC, both now and in the future. We'll see how much of a stink they put up.

 

One thing I'm curious about... I initiated the arbitration (got to the point where there is a file #), if I withdraw with JAMS will they still try and collect fees?

The JDB is not responsible for the listing from the original creditor.

 

As for the JAMS fee, who was the original creditor and what year agreement did you use when you initiated JAMS?

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