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24 minutes ago, small-town-girl said:

Are they allowing you to make payments on the 150.00 or do you have to pay it all at once?  Just curious how that works?

 

Allowing payments, and without interest.

 

22 minutes ago, Brotherskeeper said:

@CandyCLC If you're satisfied with the outcome and feel it's under your terms, that's a win. I'm glad it all worked out for you. 

BK thank you! Especially want to thank you for all the help in formulating my MTC, it gave me leverage to settle on my terms instead of theirs, so it worked out the way I wanted.

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3 minutes ago, fisthardcheese said:

If your written settlement agreement with them says that you are released of all liability, then it actually IS just as good as a dismissal with prejudice.  It means the same thing, that this is absolutely no longer your responsibility in anyway.

 

Nice work.  Congrats!

Thank you! The guy said that he would split the payments to something really cheap but I’m just going to pay it off in a month. I already know my credit is **** with other things but at least I know this will stated as satisfied and I can tackle the other stuff. Final paperwork should arrive this week he said, and I’m still keeping all paperwork because it can come in handy next time!

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I wanted to add that court was way less scary than I thought, even sitting and waiting I was really chill, reading my papers. The poor girl that was in there before me was getting arraigned on a probation violation but she got lucky. Everyone else in there were there for parking ticket and other violations. Not one other debt collector case. Weird!

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I have more questions.  I haven’t been through this yet, but know my day is coming.  Since you settled with the attorney did you do that in front of the judge and did you have to pay all of the court fees etc on top of your settlement?  And you won’t have a judgment entered against you on your credit report since you settled for dismissal with out prejudice?  

I truly appreciate you taking the time to answer.  😊

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37 minutes ago, CandyCLC said:

If your written settlement agreement with them says that you are released of all liability,

 

37 minutes ago, CandyCLC said:

Final paperwork should arrive this week

Make certain that final paperwork states exactly what you mean to agree to (see Fist's comment above) before you sign it. Any doubts, then post it here before signing.

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4 hours ago, Brotherskeeper said:

 

Make certain that final paperwork states exactly what you mean to agree to (see Fist's comment above) before you sign it. Any doubts, then post it here before signing.

After learning that the are agreeing to break up the settlement amount into payments, my guess is that OP agreed to a consent judgement that will be dismissed upon completed on-time payments.  It likely won't include the language I anticipated.

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13 hours ago, CandyCLC said:

Update, just got out of court. No rent a lawyer that didn’t have the info, this one was prepared, they definitely knew I filed a motion for arbitration. Lawyer was a nice guy. They always are when they want to talk settlement. I laughed at him when he mentioned the costs of Arb. I said I know exactly how much it costs. I bet he’s never seen anyone in this county even know legal terms. 

Settled for a 150 in exchange for dismissal w/o prejudice. I got what I wanted but because I showed them I wasn’t playing, their paperwork states that when I pay, they won’t be suing again and it’s gone. Yes I know that’s not the same as a dismissal with prejudice signed by a judge but they absolutely know I’m not afraid to enforce the Arb and the lawyer even mentioned it to the judge. He said he’s never seen anyone do that much leg work before pre-trial. I said I wanted things done on my own terms, laid them out. They Accepted. 

Keeping all this in mind, I have other debts that probably won’t be this low but also not over 2500 ish that I won’t be addressing the same way, most likely but for this case, I’m very happy with the outcome. You all knew from the beginning I didn’t want to completely run away from the debt, I know I could have, but I didn’t want to, I wanted a lower amount and monthly payments. 

Lastly, from the minute I filed until 5 minutes before the court dockets opened, I heard not one peep from a lawyer, written or otherwise. 

I wish I could say that my MTC was used and granted for future lawsuits but I can’t, however I can say it was enough for the plaintiff to know that I wasn’t messing around.

Thank You all, I’m not going anywhere as I feel I’ll be sued by portfolio sooner rather than later. Also I offered the lawyer $10 cash for dismissal with prejudice, he thought it was funny. Then declined. 

To quote from the Frank Sinatra/Elvis Presley song,  " I (You) Did It  My Way."  Congrats.  And thanks to all the members on this board who helped with their time, effort and expertise.  And a special thank you to you, @Brotherskeeper

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7 hours ago, fisthardcheese said:

After learning that the are agreeing to break up the settlement amount into payments, my guess is that OP agreed to a consent judgement that will be dismissed upon completed on-time payments.  It likely won't include the language I anticipated.

You the MAN, fist! Thank you for ALL you do here.

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3 hours ago, Brotherskeeper said:
 

@fisthardcheese I couldn't agree more. I learn from you every day. This community is lucky to have you. Thank you!

You are the real workhorse here, @Brotherskeeper . The amount of case law you come up with for everyone in different states is insane!  All the credit should go to you.

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If you are happy with the outcome that is what matters. Just remember, you are giving them free money and they have not proven that they have standing to sue you to begin with. What if LVNV files are wrong and they sold the debt to some other company?

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I consider this a loss for the OP.  $150 is 25 cents on the dollar.  OP spent all this time on this case and is still paying then 25 cents on the dollar (probably a lot more than they paid). 

If she had called their 800 number and gotten them to settle for $150 within 24 hours of getting served I might consider that a win but after spending all that time on here and preparing a MTC and laughing at the attorney when he warned about the costs of arbitration to settle for $150 is not a win IMO. 

 

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26 minutes ago, upcycleliving said:

I consider this a loss for the OP.  $150 is 25 cents on the dollar.  OP spent all this time on this case and is still paying then 25 cents on the dollar (probably a lot more than they paid). 

If she had called their 800 number and gotten them to settle for $150 within 24 hours of getting served I might consider that a win but after spending all that time on here and preparing a MTC and laughing at the attorney when he warned about the costs of arbitration to settle for $150 is not a win IMO. 

 

It really doesn't matter what you think.

 

On 4/30/2018 at 9:56 AM, CandyCLC said:

Settled for a 150 in exchange for dismissal w/o prejudice. I got what I wanted but because I showed them I wasn’t playing, their paperwork states that when I pay, they won’t be suing again and it’s gone. Yes I know that’s not the same as a dismissal with prejudice signed by a judge but they absolutely know I’m not afraid to enforce the Arb and the lawyer even mentioned it to the judge. He said he’s never seen anyone do that much leg work before pre-trial. I said I wanted things done on my own terms, laid them out. They Accepted

The OP got what she wanted, so it's a WIN whether or not it meets your definition of the word.

 

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1 hour ago, upcycleliving said:

probably a lot more than they paid

What they pay is irrelevant. This was a legitimate debt that was legitimately sold and was legitimately sued on. Honestly the only illegitimate thing here is using a loophole get out of paying the debt. We all know a JDB will cave when faced with arbitration. If you're going to try to tell me that's not a loophole, you're either stupid or a liar. 

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1 hour ago, Harry Seaward said:

What they pay is irrelevant. This was a legitimate debt that was legitimately sold and was legitimately sued on. Honestly the only illegitimate thing here is using a loophole get out of paying the debt. We all know a JDB will cave when faced with arbitration. If you're going to try to tell me that's not a loophole, you're either stupid or a liar. 

Junk debt buyers have no doubt lost tens of thousands of dollars because of this site. I’ve seen case after case here where somebody gets the JDB to go away and they get congratulated on their dismissal by forum regulars while the JDB gets “screwed”. Now all of the sudden you are going to play the morality card? Ha! 

 

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34 minutes ago, upcycleliving said:

Junk debt buyers have no doubt lost tens of thousands of dollars because of this site. I’ve seen case after case here where somebody gets the JDB to go away and they get congratulated on their dismissal by forum regulars while the JDB gets “screwed”. Now all of the sudden you are going to play the morality card? Ha! 

 

You are very seriously underestimating things.  

 

I think the amount of money lost by OCs, CAs, JDBs and attorneys combined -- due to this site and that other site -- is easily in the tens of millions or higher.  Very likely over 100 million.  

 

The other site has recorded wins, adding up over a million.  That number is way out of date and doesn't include a lot of money where there were NDAs.  That is the tip of the iceberg.  Nor does it include money due to THIS site.  

I never dealt with JDBs.  I did wipe out a low six figure debt to OCs because of advice mostly from this site, partly from the other site, and also some PMs and phone calls and faxes and stuff with people who posted on these sites.  And I picked up a few thousand from violations.  I am just one person.  I know others who wiped out six figure debts as well.  I could come up with three people I know in my state who wiped out combined debts of probably over $1 million.  My approx. $150k was the lowest of the three of us.  

 

If you add in the attorney fees, it gets even higher.  

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Ok wow, spent the day enjoying the sudden arrival of spring and come back to a little bit of drama. I’ll keep that short and sweet: Upcycle, not everyone on this site wants to completely dodge debt. I used the crappy card once, but I did take the money, legitimate debt, and from the start, I said I wasn’t wanting to run away, that I wanted time to gather funds and get leverage for a settlement. I didn’t actually laugh in the laughers face but I sure had a grin when he said it. This may not be a win to you, but I got what I wanted, and what’s more, I have all I need if there is a next time becausenof the amazing people here.

On 4/30/2018 at 11:10 AM, small-town-girl said:

I have more questions.  I haven’t been through this yet, but know my day is coming.  Since you settled with the attorney did you do that in front of the judge and did you have to pay all of the court fees etc on top of your settlement?  And you won’t have a judgment entered against you on your credit report since you settled for dismissal with out prejudice?  

I truly appreciate you taking the time to answer.  😊

Conference room, then in the court we were called up, judge was handed the dismissal, and it was signed and we were done in 30 seconds. My first question was about my credit report, and there wouldn’t be a judgement on it anyway with a dismissed case. Just come to an agreement way before you get a judgment against you.

On 4/30/2018 at 11:22 AM, Brotherskeeper said:

 

Make certain that final paperwork states exactly what you mean to agree to (see Fist's comment above) before you sign it. Any doubts, then post it here before signing.

Will do, I have copies from the court hearing with the dismissal stuff but waiting for the lawyer stuff, possibly tomorrow.

On 4/30/2018 at 3:26 PM, fisthardcheese said:

After learning that the are agreeing to break up the settlement amount into payments, my guess is that OP agreed to a consent judgement that will be dismissed upon completed on-time payments.  It likely won't include the language I anticipated.

I have to look at the wording tomorrow but there wasn’t a judgment entered it was a stipulated dismissal, I’m not sure I am saying that right but it’s midnight here, will look again tomorrow. Basically case dismissed but if I don’t pay, they can drag me back. I’m paying though, all at once.

On 4/30/2018 at 11:00 PM, debtzapper said:

To quote from the Frank Sinatra/Elvis Presley song,  " I (You) Did It  My Way."  Congrats.  And thanks to all the members on this board who helped with their time, effort and expertise.  And a special thank you to you, @Brotherskeeper

Thank you!! My MTC arb will be used again, hopefully not but I have a feeling it will be. Had I not went through the entire process I would not have had the backbone to enforce it if I didn’t like what was offered, and I didn’t at first. I gave him a number and said I want the ability to make payments if I want and he accepted. I will worry about my credit report later but for now it’s crap not just because of this debt. 

3 hours ago, Harry Seaward said:

There's no legitimate reason to think this has happened in this case. 

LVNV is on my credit report as well as the original creditor, I believe I read somewhere that credit one generally sells right to LVNV. I could be wrong. 

————-

The original card credit line was 300. Late fees and interest made it over 500. I’m paying half of the original debt, about 30 percent of the entire amount. Pretty much I’m covering their filing and serving fee and local lawyer fees, so really they might be making a whopping nothing off of me in the end, maybe 25 bucks, which is about what they paid for the debt in the first place. I don’t know how much they paid the lawyer, but they’re not making bank off me. I’ve learned so much and will continue to post here on this site, and continue learning too. Thank you again to everyone especially @Brotherskeeper

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43 minutes ago, BackFromTheDebt said:

You are very seriously underestimating things.  

You are seriously delusional.

44 minutes ago, BackFromTheDebt said:

I think the amount of money lost by OCs, CAs, JDBs and attorneys combined -- due to this site and that other site -- is easily in the tens of millions or higher.  Very likely over 100 million. 

Over 100 million? Not a chance.  First the other site CLAIMS wins that high but there is little of substance to back it up.  Absent a copy of an actual court order all you have is the word of strangers on the internet which has the durability of wet toilet paper.  In fact much of what they claim to be wins are not if you read the entire court transcript.  It is merely the spin they put out publicly to appear to be an expert and have won.

The reality is the majority (90% or more) are default judgments.  Less than 5% of all suits actually defend with or without sites like this one.  Over a 6 year time span Encore (which owns Midland) collected on over 5 billion in consumer debt yet their net income for that time frame was only 384 million.  There is absolutely NO way these two sites combined cost them over 100 million. Not even all JDBs combined.

50 minutes ago, BackFromTheDebt said:

I know others who wiped out six figure debts as well.  I could come up with three people I know in my state who wiped out combined debts of probably over $1 million.  My approx. $150k was the lowest of the three of us.  

Professional deadbeats wiping out 6 figure debts are the smallest percentage.  The majority of the debts are less than $5000.  4 people hardly equates to 100 million.  With over 90% being default judgments and those fighting back are few and far between you cannot accurately come up with a reliable statistic considering the entire JDB industry is built on the knowledge that almost no consumers do anything when they are sued.  They rely on it.n  Making an estimate based on two websites and the arrogant claims of a number of people you can count on one hand is ridiculous.

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5 hours ago, CandyCLC said:

I have to look at the wording tomorrow but there wasn’t a judgment entered it was a stipulated dismissal, I’m not sure I am saying that right but it’s midnight here, will look again tomorrow. Basically case dismissed but if I don’t pay, they can drag me back. I’m paying though, all at once.

I'm only speculating based on the average case and how most JDBs operate.  Your agreement wording is all that matters.  Generally, if a JDB agrees to payments as part of a settlement in a court case, they want a consent (or stipulated) judgement, which isn't a judgement entered with the court, but more like an agreement saying that if you miss a payment, they will file the stipulated judgement with court and have the official judgement against you without even having to appear back in court again.  But, again, that is just what they generally do. Yours may very well be different.

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9 hours ago, Harry Seaward said:

If you're going to try to tell me that's not a loophole, you're either stupid or a liar. 

It's not a loophole.  :)

It's a loophole in the sense that "service fees" or ATM fees are loopholes.  When a bank drags consumers into arbitration to defend themselves, no one calls it a loophole.  Why is it only a loophole if the consumer uses the contract language to THEIR advantage for once?  It's just a matter of a business transaction.  Businesses re-negotiate contracts and payment agreements between one another all the time.  JDB's use the courts as their company's own accounts receivable department.  None of that is called  "loophole". ¯\_(ツ)_/¯

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10 hours ago, upcycleliving said:

Junk debt buyers have no doubt lost tens of thousands of dollars because of this site. I’ve seen case after case here where somebody gets the JDB to go away and they get congratulated on their dismissal by forum regulars while the JDB gets “screwed”. Now all of the sudden you are going to play the morality card? Ha! 

 

@Harry Seawardwas not playing a "morality card".

We do not condone the avoidance of legitimate debts, however most of the people who come to this site cannot afford to settle or pay a debt in full.   When we congratulate a poster after he achieves an outcome with which he is satisfied, it's because we're happy that he no longer has to deal with a stressful situation. 

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I have one tiny quibble about referring to a defendant's invocation of arbitration as a "loophole." Anecdotally, the end result of going through the process to the arbitrator's award is likely to go in the JDB's favor (as it may have if it remained in court). It's the upfront cost of arbitration to the JDB--often as per the account agreement's terms--that renders the arbitration process financially unsound.  Original creditors don't appear to have the same hesitiation as JDBs do in their willingness to follow into arbitration. Seeking to enforce or avoid or exploit any ambiguity in the terms of the (adhesion) contract is available to both sides. 

@CandyCLC was clear from the beginning that she wanted to settle on terms she could live with. She's achieved that goal. She arrived here in a state of panic. At the end, she negotiated her terms to a stipulated dismissal, but was prepared to go before the judge to argue her motion to compel. Her thread here will be instructive to Michigan defendants in the future. 

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