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@BV80 - I see your point.  I could recover less, much less.  But, I talked to an attorney that felt that he could get much more out of it than I could.  I can't tell you the number of nights I have spent reading, etc... OOOPS, maybe I wouldn't need to, you have been there too.

 

My wife is wrung out over all of it too, she is so concerned about having a "house for her babies" among other things.  Her first thought was to file a BK when she heard about this...lots of tears and tense moments in our house.  

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@CommoSGT

 

I see your point.  I could recover less, much less.  But, I talked to an attorney that felt that he could get much more out of it than I could.

 

 

First, a settlement has not been offered.  Correct?   But if one is offered, based upon the attorney's claim of "much more", I'd consider:

 

How much more?  Is it a guarantee or a possibility?  Would the attorney require you to pay him if you were to lose?

 

Just weigh the odds in terms of success or failure of your claims.  You also have to consider whether or not you'd want this to continue or be over.   I'd talk to the attorney again and then discuss it with my spouse.

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IMO, and I don't even know if you are reading my posts, if you want this truly behind you you are going to have to have a settlement agreement saying they agree at a minimum not to resell and to delete from CR, and verifying deletion  before signing.  Otherwise it will still be sitting on your CR going up with interest every month and they could resell  purposely or "accidentally" to another CA who would have more competent attorneys suing for an even larger amount.    I got deletion of my lines for $7600 in debt and total damages of $3600 plus court costs with my lawyer working on contingency.  

 

Quite possibly they are changing lawyers because the first know they may have an ethical exposure with the FTC and the state bar.  You are probably in the strongest position you ever will be in with this right now.  I don't know if you have contacted the FTC about how the CD applies but you might ask if they are required to delete and not resell and then use that in negotiations; you might also reread the CD if you don't want to contact them or don't get an immediate answer.

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@ccposter - I am reading your posts and appreciate your input like all other input I have received.  I take all the information, along with what I am reading, and do what this society for the most part fails to do...and do some critical thinking to plot my course forward.  I haven't been here before....all of you have to some extent or another.  I won't say that other threads here have been helpful, I have seen that there are a couple of posters that seem to want to be right or have the last say on things.....and they get offensive to the point of being abusive in some cases which is disappointing.   Needless to say, I look at some of their posts with a bit less credence or faith then I do with some of the others.

 

They don't seem to be changing lawyers, but they did ask for an extension to answer my counter-claim.  My gut tells me they are wanting to do a walk away or a dismissal of some type.  The fighter in me (ex-military) wants to take them out...but that is not always the best course of action.  I just know that I sit in the courtroom and watched one of their attorneys get 11 MSJs because people weren't there for the motion hour at 8:00 am on a Monday morning in Circuit Court.  That means better than $5k each....one of them was for over $42k and the attorney probably did less than 2 hours total work on the whole case.  Disgusting if you ask me.

 

Do you have any examples to share of your counter offers to get your settlements?

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I think it depends.....if the alleged account ( we assume they are all alleged is in fact positively not yours.......then fight like hell. If it is probably yours that was sold, I would take a mutual walk away...you never agreed to pay the jdb's. If the OC didn't want it, then their loss

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If you mean that the lines from AA on your CR have been deleted, they have probably given up, most likely because they now know they have a possible decree violation for either FDCPA violation or the prior attorneys actions - the CR activity comes from AA, not the lawyers and they are the plaintiffs.  Of course the pending court case still has to be dealt with.  

 

When the immediate problem of the court case is resolved you can write AA with cc to FTC asking them to clarify and specifically mentioning the decree.  After I got an initial letter from them after my validation request saying they reduced balance to zero, I wrote another letter mentioning the decree and asking them to clarify.  They sent a second letter saying balance was zero, account closed.

 

 

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Update - Today I received a letter from AA's attorney: (paraphrasing)

 

See the attached copy of my client's electronically filed motion for extension to answer your counter-claim.

 

Client is willing to try to resolve this through a settlement.  I tried unsuccessfully reach you on the phone (1 call at 2:30 pm).  

 

Please call me to discuss this matter.  Phone #

 

Sincerely,

## JDB Attorney ##

 

Motion requests 30 day extension to respond to my counter-claim so it may further assess my arguments.

Motion is brought under CR78 (2) and will be granted as a matter of course after 10 days, if there is no objection.

 

Respectfully Submitted,

 

## Different JDB Attorney ##

 

The motion was filed on 14 August be the letter to me wasn't postmarked until 18 August.   Gaming the system??

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Be careful what you discuss on the phone with them, written agreements are the only legal ones. In your position I would hear them out but also be advised that anything the try to agree to if they get more than that then they could get attorneys fees and costs. It is analogous to California code of civil procedure section 998. It never hurts to listen but object if the try to say it is your account.

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@CommoSGT I can't reply to your PM, you must have them disabled or something.

 

Were you only first served on this in July 2015, or were you served back in 2014?  If you were served back in 2014, were you served again in July 2015?  Do they have a certificate of service for their "alias" in 2015? Is it your name?  Does the name match the certificate of service on record from 2014?

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If there is only one service on record, then I might file a motion to dismiss for lack of prosecution.  I would show that I was properly served well over a year ago and they have done nothing with the case in that time.  Be sure to check your court rules first to make sure this is a proper motion in your court.

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They didn't serve me til July of 2015.  Their request not to dismiss the case in Nov 2014 misled the judge saying they had requested an alias summons.  The court clerk said there were only two summons ever issued.  One when the case was filed in 2013 and the one that I received in July 2015.

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They didn't serve me til July of 2015.  Their request not to dismiss the case in Nov 2014 misled the judge saying they had requested an alias summons.  The court clerk said there were only two summons ever issued.  One when the case was filed in 2013 and the one that I received in July 2015.

 

You need to check your court rules.  It is likely they only have a set amount of time to serve you.  2 years would be an obnoxious amount of time to allow someone to file suit and never serve anyone on it.  They may be well beyond the time to serve you, which would make the service last month invalid.  Check the rules.

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I have been digging but haven't found anything that makes it clear on the amount of time to serve.  The fact that the court moved on its own (I didn't know about the case being on file) to dismiss and they moved to keep it and got their wish granted.....  that is the part that bothers me.  I guess they can't claim that the SOL was tolled all of that time?  Only once the summons was delivered tolls the time right?

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