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Need immediate Advice: Received Dismissal/Settlement Offer from Junk Debt Collector in California 3 days before trial


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I was prepared to go to trial in 3 days and today by courier, I received a letter of settlement that the entire case will be dropped against me via filing a dismissal of the entire action with prejudice from the Plaintiff IF I SIGN their AGREEMENT.

 

I am NOT a lawyer, and I don't want to sign a document they gave me when I can't be sure what it holds me or them to.  For one, a whole page is missing from the agreement. Section 1 & 2 are not there and it skips immediately to # 3. Also, I see at a quick glance that I will have to eat the $ 700.00 I spent fighting this case and it was a lot of stress throughout the year. I want my court fees returned to me at a minimum, but if I sign this I get no memorandum of costs and bottom line, I just don't trust these people.

 

 I have no plans to do anything with this further, but I do not feel I can sign a "settlement" with these Pieces of trash.

 

They HAVE admitted that their witness cannot show up at trial and that this is why they will dismiss the case, but I want my court fees nonetheless and taking their word that they will dismiss if I sign this paper is NOT something I trust.  I’m probably overreacting, but it’s the truth. Signing this not knowing what it all really holds me to and trusting this JDB makes me way more scared than going to court against them. That doesn’t scare me at all this point, because I know they have no case

 

My case is on Monday--tomorrow is Thursday. So I have to decide by tomorrow. I can fax this settlement back to them or email it back. I'd like to upload it so it can be viewed, but if I do, then that breaks the agreement option for me.

 

Basically, I'd like to forget this letter, show up at trial, get them to dismiss it there and be able to file my memorandum of costs, case done with no agreement between them and I of any kind-- and then just move on.  They can never sue me again now anyway--because this purported debt is over 4 years old.

 

Any advice/feedback would be much appreciated. Thank you!

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Basically, I'd like to forget this letter, show up at trial, get them to dismiss it there and be able to file my memorandum of costs, case done with no agreement between them and I of any kind-- and then just move on.  They can never sue me again now anyway--because this purported debt is over 4 years old.

 

Any advice/feedback would be much appreciated. Thank you!

There's your answer ^^^^^^^^. You cannot sign an agreement that is missing a page from someone that is trustworthy, you most certainly cannot sign an agreement missing a page from a bottom feeder.

You are not over reacting.

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Personally, if they have admitted their witness won't be there why sign anything.  They can dismiss without your signature or settlement.  I don't see what you are getting for signing any settlement agreement.  There is nothing in it for you...

 

I would let them dismiss at time of trial, then go after your costs

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 They can dismiss without your signature or settlement.  I don't see what you are getting for signing any settlement agreement.  There is nothing in it for you...

 

I would let them dismiss at time of trial, then go after your costs

 

Actually there may be plenty in it for the OP. Whatever the bottom feeder decides to put in the missing pages.

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I have never been offered a settlement for a debt lawsuit against me. I will ask for the missing page and read it, because I think it is probably an oversight on their part as that is all they do all day long—robo-sign this garbage and mass produce these correspondences left and right, so I am assuming they probably forgot to attach the first page.  I’m not worried about that so much.  However, should I just say pay my Memorandum of Costs and I'll sign it, or should I just show up in 3 days to trial and take a chance?  Trial is always a chance right?

 

I feel unsettled about signing an “agreement” with the JDB, it’s like signing a deal with the devil—it makes me feel very uneasy and actually would go against my moral compass.  It would feel unclean.  Plus, I want my money back that I was forced to spend fighting their B.S Case against me!   But don’t I have to go through the trial to get that money back via a judgment if they don’t come and dismiss it firsthand?

 

I had to go to trial with a previous case and got it dismissed on my own and then owed nothing to the Plaintiff in terms of an "agreement", but I didn’t get my costs back, because I was the one that motioned for the dismissal.  How can I get my memorandum of costs without going through the whole trial?  I think they are untrustable, no matter what they say and I’m not a lawyer—this is an agreement I can be filed against for if I break which I guess I am doing just by talking about it. 

 

 

BTW: this agreement is all about not being able to sue them in the future or any of their officers etc. and waiving California Civil Code 1542 and I can’t sue under the Fair Debt Collection Practices Act. Rosenthal the Fair Debt Collection Practices Act etc.. It's all protection for them. It's a joke.  Strangely, I never sent them my MIL or the Trial brief to initiate this, which is why I am surprised it was offered to me.  I have heard other people on the forum getting such offers with much more efforting than I did.  I think this lawsuit was purported from a legitimate Citibank credit card account which was disposed of by Citibank in 2013, and that UNIFUND NEVER actually owned it. 

 

 

Thank you to all that respond.  Your feeback  helps a lot.

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The missing pages are most likely that will remove from your credit  or trade lines.  I debated and an atty said sign .  I said no (really 4 pages and I would not get my costs back??)  I went to trial.  They asked for a continuance as their witness was not available untill March.    I objected and the judge said no continuance.  They immediately asked to dismiss without predudice.. The judge awarded me my costs and said if they ever refile they would have to pay my filing fees.  I would NOT settle!!!!!!!!!!!!!!!!!!!!!1

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Thank you very much for this info.

 

The missing pages are most likely that will remove from your credit  or trade lines.  I debated and an atty said sign .  I said no (really 4 pages and I would not get my costs back??)  I went to trial.  They asked for a continuance as their witness was not available untill March.    I objected and the judge said no continuance.  They immediately asked to dismiss without predudice.. The judge awarded me my costs and said if they ever refile they would have to pay my filing fees.  I would NOT settle!!!!!!!!!!!!!!!!!!!!!1

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Your welcome.  The attys tried for two days to get me to sign this agreeement like they were doing me this big favor.

 

My costs were under 400.00 but it was the principle, and I did not trust them.  If you sign you admit the debt. Good luck at trial and remember when they dismiss to at least ask the judge for with predudice and  to get your costs back!!!

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Something isn't right here. If it was me, I WOULD BE IN COURT no matter what is done and I doubt that I would sign. They can dismiss right then if they want to. They are fixing it so that should they have another debt of yours that you will not be able to sue! NO WAY, show up in court.

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I would at least meet and confer with the attorney to discuss the agreement but at this point, I would not consider signing it. Had they offered this before I spent $700 to defend the case, I would have considered it but not now. I would also bring up the missing first page. Now if they agree to pay costs, the can avoid a trial. Otherwise, I would just go to trial.

In any case, be ready to object to a motion for continuance and be ready to move the court for an automatic judgement should the attorney not present a case at all (some have done that). Otherwise, be ready for trial.

BTW, the night before the trial do something not associated with the case. Watch a movie, go out with your spouse, etc. If you are not ready the evening before trial, you will not be any more ready the next morning so just relax.

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I received something similar the morning of my trial. I didn't have time to read it, so I rejected it outright -  but, more or less, the lawyer said it was the same thing you've been given (dismissal, agreement not to sue them, everyone handles their own costs). 15 minutes after telling the lawyer "no thanks" the case was dismissed. I simply see it as a last ditch effort to minimize the damage before dismissing. That morning the lawyer did her best to make me feel that I was being given an opportunity with that deal, it was silly. If they had any confidence at all in their case, you would not be receiving such offers.

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This is timely - I was doing research yesterday on cases with my JDB in my county, and I saw that a very large percentage of them of  in the past 12 months were dismissed with prejudice, initiated by the JDB.  I was curious as to why they would dismiss WITH prejudice so now I have my answer :-), but still sort of surprised they would offer that.

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There's your answer ^^^^^^^^. You cannot sign an agreement that is missing a page from someone that is trustworthy, you most certainly cannot sign an agreement missing a page from a bottom feeder.

You are not over reacting.

 

Agree, My wife received a settlement offer via phone (after filing subpoena, CCP98 Objection and trial brief) the day before trial. the reason she accepted the settlement (50%) of the original debt was because she did not feel she could litigate at trial, we also live in OC where our judge is very pro-creditor, so she orally agreed to the offer.

we showed up to trial, regardless, the lawyer handed us the settlement offer, with the settlement amount, monthly payments, and length of debt blank. we did not sign the settlement, our case was not heard and we were put on the calendar for a future date for an "order to show cause" a couple of days latter, we received the complete settlement offer, and signed it.

 

that would be a call for you to make, if you feel prepare that you can litigate and argue your case in court, then go for it. if you are not and you think that the settlement is reasonable (I do not think you mentioned what percentage of the alleged debt they are offering) and you think you can pay it, then you can also go that route.

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Are they offering dismissal with predjudice??  They sent me also 3 days before trial a three page agreement with # 13 out 16 missing.  That was the part where they would take the stuff off my CRA's.   My main thing was WHY would they offer to dismiss???

If it sounds too good to be true it there is a reason.

 

They did not want to have to tell the JDB they lost and have to pay my costs.

 

I showed up at trial with Easy 619's witness questions(in case) and 2 orders of judgment for the judge to sign.  One with p. one without.  After asking for a continuance (which was denied as untimely)  The atty asked to dismiss the case.  There was no trial.

 

I had prepared a trial brief in case.  You should do what feels right for you.  I debated over it and I know anything can happen at trial.  It's all how you feel about signing what they have given you.  I just could not!!!

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They have you sign the dismissal offer and tell you it's all over and you have to do nothing.

Then, when you don't go to trial they win by default because you didn't show up because their word is worthless.

true,

 

if you decide to sign the settlement, you should still go to court on the schedule date just to make sure they don't try to screw you.

 

members can correct me if im wrong, but I doubt that the jdb will dismiss with prejudice if you agree to settle and agree to make payments. more likely it will be a stipulated dismissal.

 

you can also reject that offer, go to trial, they most likely will try to settle with you the morning of trial again, perhaps even with a better offer. if you reject that offer, the trial will continue as scheduled, or, like some members here have experience, your case will be dismissed.

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Update:  They emailed me the first page and I never signed the deal or got back to their paralegal.  F  them.  I'm so over this case.  These JDBs are so revolting.  I am ready for War on Monday.

 

The reason it shouldn't be signed is it's a deal with a parasite.   It's a deal with the Devil essentially.  I make no promises to pieces of garbage.

 

These parasites--buy the debt for little money, they pull all their bad, faulty procedures out and get away with all sorts of nonsense--just because people don't know the law.  They took up 2 years of my life when I had important other things to be handling. The relief of knowing that this will soon be over one way or another--shows me just how much of a burden this lawsuit was.  Getting my court costs back--doesn't begin to cover what they expended from me with this fraudulent lawsuit.

 

I can tell you this--whoever is reading.  Whatever lawyer shows up is going to have their hands full and will be berated and emotionally battered in and outside of the courtroom.  Until then. ::travolta:: 

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If you have time attend one or two court sessions like you will be going to see how they work and get the feel of it. Just know that when you show up they are going to try and get you to either go out in the hall or into another room with them so that they can show you a big file (probably blank papers) to show you that they have this great case against you and you can't possible win. BS, at this point they will either fold and dismiss in the court room, or possibly try to continue (stop them on that) or, they will go to court where you just be prepared. Good luck, meant time get on here and read and re-read everything until you understand it. If you go to court, be prepare to object to everything you can and CITE law. You can do it.

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This does not sound like an offer to pay anything on the debt. This sounds more like an offer for the attorney to be able to run from this without having to pay any of the other sides costs. The OP might get another offer Monday morning but it is doubtful they will offer one what requires the OP to pay anything. They already know they lost.

Generally, the choice is up to the individual to take an offer or not and each person is different. Apparently OP in this case has been angered by this enough to see it to the end, whatever that may be (but I am betting is is a dismissal (does not matter with or without prejudice because the debt is now out of SOL) and the OP gets their court costs back.

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