helpinWI

JDB Cavalry SPV, Law Firm Gustel - Not Sued Yet

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13 minutes ago, helpinWI said:

Letter from atty came today with stipulation and order for dismissal. WIHOUT prejudice.

Anyone want to give me an idea on what my reply should be?

I know I want with prejudice, them to take it off all three credit reports and not have the ability to sell the debt.

Should I just blatantly write a short letter that states my terms?

They can't/won't resell and won't sue you again. I believe @fisthardcheese advocates offering and exchange of dropping your arb for w/Prejudice and trade line removal.

Interesting - for a minute it looked like these guys were following to arb. Maybe Gurstel never got the memo.

 

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3 minutes ago, Goody_Ouchless said:

They can't/won't resell and won't sue you again. I believe @fisthardcheese advocates offering and exchange of dropping your arb for w/Prejudice and trade line removal.

Interesting - for a minute it looked like these guys were following to arb. Maybe Gurstel never got the memo.

 

I do believe that I have seen something like that mentioned when reading the forums.

They may have never gotten the memo but they sure were hand served my MTC. :)

I will await a response! Until then thanks again for any insight!

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1 hour ago, helpinWI said:

Filed my MTC the day of last court date, yes. @nobk4me @BackFromTheDebt

Letter from atty came today with stipulation and order for dismissal. WIHOUT prejudice.

Anyone want to give me an idea on what my reply should be?

I know I want with prejudice, them to take it off all three credit reports and not have the ability to sell the debt.

Should I just blatantly write a short letter that states my terms?

 

No. 

This is the best you are going to get.  You don’t have grounds for dismissal with prejudice.  They would rather rip the eyes out of their sockets than remove this from the credit report. 

Look at it this way.  

You won. 

Plain and simple, you won.  They threw in the towel rather than take this to arbitration, and they were not going to fight your MTC.  

The chances of them suing again are almost nil.  They could, but they won’t. 

There is a small chance they will sell the debt to another JDB who will sue again and you file an MTC again.  This will almost certainly not happen. It could,  but it relies on a JDB buying a debt that had already been tossed from court.  

Celebrate your victory, but save everything until the SOL has long passed.  

 

Edit it to add:  I see there is a different opinion here.  Not sure which way is best.   I have gotten dismissal with prejudice in exchange for dropping arb claims, but never a TL deletion.  

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5 hours ago, helpinWI said:

Letter from atty came today with stipulation and order for dismissal. WIHOUT prejudice.

Anyone want to give me an idea on what my reply should be?

I know I want with prejudice, them to take it off all three credit reports and not have the ability to sell the debt.

Should I just blatantly write a short letter that states my terms?

There is no need for a reply.  The case is over.  They are not required to go back and change it to with prejudice and court rules may not allow them to even if they did agree.

They are not going to delete the debt.  While they may realize they cannot chase you in court the last weapon they have is to report to the bitter end of the reporting period hoping that you want or need new credit in that time frame and have to deal with them.  Getting it removed is about leverage and you have none because the case is dead they have nothing to fear from you.

In theory you could send a letter stating your terms but for what reason legally would they want to agree to them?  There is no court case so therefore in their minds there is no arbitration case either.  The court never ruled on your motion so you also have the issue that there was a chance it was denied.  Let it go.  You won.

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@BackFromTheDebt @Clydesmom

Ah, I see. I spent a lot of time reading the forum here, and I possibly may have been mixing up the with prejudice dismissal, asking for credit line removed and making it go away permanently with a certain time point in the process that had moved from SCC or the first steps of the court case. I think it was recommended when the arb was in process, or someone had used those steps to get a positive settlement once arb was in process and JAMS was filed? @fisthardcheese Does that sound correct?

I have the dismissal without prejudice to sign and send, they will file. I will go ahead with that on Monday if I don't hear otherwise, here.

I am totally not kicking a gift horse in the mouth, I only want to make sure this is the correct path as I have put in the work and don't want it to be in vain. I like to do things right.

I believe I have a little over a year for SOL, so yes, moving along will be nice. I think I will have an SOL party, I let all my debt go at the same time so it will be a HUGE milestone for me. I have a great credit score now and have worked my way back the last 5 years. It feels good to know I won't have to deal with this again. Delayed gratification is my new habit. :)

Thank you all, I love this forum and all the advice it gives! Really grateful, and celebrating the power of the collective mind today! 

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15 minutes ago, BackFromTheDebt said:

Is the dismissal with or without?

it doesn’t matter much but they are different 

@BackFromTheDebt without, yes it is possible for them to start a suit again. Will they? I have no idea, but that is why I was cautious and came to the forum first before signing and sending. But if we are talking pretty good odds they won't. I'm ready to be done with this. I know we don't have a crystal ball, but if odds are in my favor, I'll go ahead with the dismissal without. 

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19 minutes ago, BackFromTheDebt said:

Is the dismissal with or without?

it doesn’t matter much but they are different 

I had a typo in the 2nd past post, it should say without, fixing it now.

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21 hours ago, helpinWI said:

Filed my MTC the day of last court date, yes. @nobk4me @BackFromTheDebt

Letter from atty came today with stipulation and order for dismissal. WIHOUT prejudice.

Anyone want to give me an idea on what my reply should be?

I know I want with prejudice, them to take it off all three credit reports and not have the ability to sell the debt.

Should I just blatantly write a short letter that states my terms?

 

I would consider it a win, and accept the dismissal without prejudice.  It is very unlikely they would sue you again.  If they do, then it's a matter of "rinse and repeat."  You just file the MTC Arb again.  Same thing if they sell the debt to another JDB.  Rinse and repeat.  And the SOL clock is ticking, and eventually the SOL will run out.

I suspect other people here might urge you to push harder, and go for the with prejudice, off the credit reports, etc.  But I take a more conservative approach.  This is a WIN.  You went from experiencing a hostile, pro-creditor court determined to slap you with a judgment to a dismissal.  I wouldn't get greedy here.

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23 minutes ago, nobk4me said:

I would consider it a win, and accept the dismissal without prejudice.  It is very unlikely they would sue you again.  If they do, then it's a matter of "rinse and repeat."  You just file the MTC Arb again.  Same thing if they sell the debt to another JDB.  Rinse and repeat.  And the SOL clock is ticking, and eventually the SOL will run out.

I suspect other people here might urge you to push harder, and go for the with prejudice, off the credit reports, etc.  But I take a more conservative approach.  This is a WIN.  You went from experiencing a hostile, pro-creditor court determined to slap you with a judgment to a dismissal.  I wouldn't get greedy here.

@nobk4me that is what I was thinking, but also wanted to be sure my accepting wouldn't be a bad move. I think this went better than expected, although I was prepared to fight, saving my energy for happier things in life is a relief. Thank you for your input!

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It's a stipulated dismissal, correct?  They want you to sign it and send it back?

I would email the attorney and say you received their stipulated agreement offer and that you would be willing to stipulate to a dismissal with prejudice.

I'm not sure why everyone thinks this is over.  It's just a settlement negotiation.  You are free to tell them what your terms of stipulation are.  But forget about this "removal from credit report" nonsense. I NEVER advocate for that, as a dismissal with prejudice can be used to handle that later and it just muddies the water at this point.

You have them on the ropes.  They have to get a stipulated agreement from you to dismiss because you answered and filed an MTC.  They can not just drop it by themselves and this is why they are asking you to sign this.  Counter.

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32 minutes ago, fisthardcheese said:

You have them on the ropes.  They have to get a stipulated agreement from you to dismiss because you answered and filed an MTC.  They can not just drop it by themselves and this is why they are asking you to sign this.  Counter.

I agree.  I believe this was discussed in the past based upon rules of civil procedure.  If one’s court rules state that the filing of an answer precludes a voluntary dismissal without the permission of the court or the defendant, it is best to file an answer along with a MTC arbitration.

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8 hours ago, fisthardcheese said:

It's a stipulated dismissal, correct?  They want you to sign it and send it back?

I would email the attorney and say you received their stipulated agreement offer and that you would be willing to stipulate to a dismissal with prejudice.

I'm not sure why everyone thinks this is over.  It's just a settlement negotiation.  You are free to tell them what your terms of stipulation are.  But forget about this "removal from credit report" nonsense. I NEVER advocate for that, as a dismissal with prejudice can be used to handle that later and it just muddies the water at this point.

You have them on the ropes.  They have to get a stipulated agreement from you to dismiss because you answered and filed an MTC.  They can not just drop it by themselves and this is why they are asking you to sign this.  Counter.

@fisthardcheese Yes, stipulated dismissal. I will send the atty an email on Monday morning, see what happens. I shouldn't even worry about the credit report, really, as the SOL will be here before I know it.  I will mill all this over this weekend and decide what to do Monday morning. The way I see it, and my first thought when I saw the stipulated dismissal was the without prejudice, that was chosen for a reason. Maybe it is only the most common dismissal, the easiest, or cleanest for them, but maybe it was chosen to refile and keep options open in the future. I do want this over but to close the book on it for good would be nice. Thank you for your reply.

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21 hours ago, helpinWI said:

@fisthardcheese Yes, stipulated dismissal. I will send the atty an email on Monday morning, see what happens. I shouldn't even worry about the credit report, really, as the SOL will be here before I know it.  I will mill all this over this weekend and decide what to do Monday morning. The way I see it, and my first thought when I saw the stipulated dismissal was the without prejudice, that was chosen for a reason. Maybe it is only the most common dismissal, the easiest, or cleanest for them, but maybe it was chosen to refile and keep options open in the future. I do want this over but to close the book on it for good would be nice. Thank you for your reply.

Don't over think it or try to guess their reasons why they do this or that.  Just go with the facts here.  The facts are that they need your stipulation in order to dismiss and they clearly want to dismiss the case.  This gives you a perfect opportunity to tell them you are willing to work with them on a dismissal with prejudice.  Make the email very concise, simple and to the point.  The worst case is they say no, and then you can choose to accept the dismissal without or to continue and force the MTC hearing and then try to settle again for what you want after MTC is granted.  But I feel that the odds are in your favor to get the dismissal with prejudice.

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On 5/19/2019 at 6:44 AM, fisthardcheese said:

Don't over think it or try to guess their reasons why they do this or that.  Just go with the facts here.  The facts are that they need your stipulation in order to dismiss and they clearly want to dismiss the case.  This gives you a perfect opportunity to tell them you are willing to work with them on a dismissal with prejudice.  Make the email very concise, simple and to the point.  The worst case is they say no, and then you can choose to accept the dismissal without or to continue and force the MTC hearing and then try to settle again for what you want after MTC is granted.  But I feel that the odds are in your favor to get the dismissal with prejudice.

I hit the ball. I'll see what he comes back with. It was a two sentence email. His email was not on any correspondence, but I found it online. I expect a quick response. If I don't hear in a week, I will mail a response/follow up and see what happens. Either way dismissal is most likely. Thanks again for the reply @fisthardcheese

 

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