Settle this case?

[retep]

-this is a CC debt case

-at the point where JDB has filed MSJ and word is  they'll win (In NJ, JDB only needs statements and assignments to win a MSJ - and they've produced them - amazing)

-have filed motion opposition to the MSJ and Plaintiff attny now calls inquiring about wanting to settle

 Would suck to settle but if dont and lose motions would be disastrous to get a judgement - cant let it get there.

However, if don't settle and win opposition motion and go to trial stand greater chance to win or settle for less

So....

-suggestion so far to settle has been to start at 25% - yes, no?

-someone said get a BK attny to intervene at this point, call the plaintiff attny (w/a BK attny they may settle for less?)

-other ideas. defenses to pursue (btw NJ is totally pro Plaintiff)?

Thanks

[CCRP626]

This is this case? http://www.creditinfocenter.com/community/topic/327693-am-i-screwed/

If so it sounds like you've already seen an attorney. People ask questions and you don't post back except to start a new thread later on so I'd say try a different attorney. Here's one but like they say, it will cost extra than if you saw them early on. http://yournjattorneys.com/njdebtdefense/

another is Philip Stern http://philipstern.com/ who was involved in this case-

http://yournjattorneys.com/new-nj-appellate-case-vs-pressler-pressler/

Hot off the presses, the New Jersey Appellate Division has at long last addressed the issue of what is required for a 3rd party debt buyer (“commonly called an “assignee”) to prove ownership of a debt in a Motion for Summary Judgment. This case is GREAT news for defendants who are facing summary judgment motions filed by Pressler or other debt collection firms in the NJ Special Civil Part. The new case is especially good news for those sued by New Century Financial Services, Midland Funding, or other third party debt buyers.

The as-yet unpublished Appellate Division opinion, captioned “New Century Financial Services, Inc. v. Oughla, 2014 NJ Super UNPUBL 448,  which was decided on March 5, 2014, goes into great detail in its analysis of the “bad-debt marketplace” and the proofs required to prove that a company such as New Century Financial Services Inc. actually owns the debt they are suing on.

 

Stern's site covers it with filings- http://philipstern.com/Appeals_NCFSI_v_Oughla.html

and there was a big thread on it here where a NJ Atty covers settlement amounts: http://www.creditinfocenter.com/community/topic/325851-midland-nj-pressler-pressler-vs-me-for-2k/?page=1

Interesting that Midland and Pressler now both have a CFPB order against them which appears to require more than NJ law does. You may want to see if your Plaintiff has one.