BitsyM

Help Please. Being Sued in MI by Cavalry for Past Debt

Recommended Posts

@Brotherskeeper Thank you.  Revised with suggested changes.

 

Question regarding settlement- the Plaintiff's attorney has not attempted to discuss settlement with me.  When I received my copy of the Plaintiff's Pre-Trial Statement they stated that they were offering 80% of relief sought.  I am not willing to accept that, but would that be considered not having discussed the possibility of a settlement?

Plaintiffs PreTrial Statement.pdf

Share this post


Link to post
Share on other sites
1 hour ago, BitsyM said:
 

@Brotherskeeper Thank you.  Revised with suggested changes.

 

Question regarding settlement- the Plaintiff's attorney has not attempted to discuss settlement with me.  When I received my copy of the Plaintiff's Pre-Trial Statement they stated that they were offering 80% of relief sought.  I am not willing to accept that, but would that be considered not having discussed the possibility of a settlement?

Plaintiffs PreTrial Statement.pdf 968.59 kB · 3 downloads

In my opinion "discuss" implies a mutuality of communication. They made a settlement offer in their pre-trial statement which is not acceptable to you. If you would be willing to have a settlement discussion, you should indicate that in your statement. 

"No settlement discussion has occurred. Plaintiff's pre-trial statement presents an offer Defendant rejects. Defendant is open to the possibility of a settlement." Or. something like that. (IANAL)

Share this post


Link to post
Share on other sites

Today is the hearing for my MTCA.  I am so anxious.  I can not wait for this to be over.

 

I plan to have the JAMS application printed and ready to go, should my motion be granted.

 

Will I be sent to jail if I get sick in the courtroom?  (Joking.  Not Really)

Share this post


Link to post
Share on other sites

@BitsyM Good luck today!! Please come back after it's over to let us know how it went. 

Share this post


Link to post
Share on other sites

I hope that I'm not doing the happy dance for nothing....

 

I showed up at court an hour early.  Sat in my car and read the forums here until 30 minutes before my court time.  Walked in, figured out where I was supposed to be and went and sat in the empty courtroom.  I was working on paperwork for my job and a man approached me and asked if I was BitsyM.  I replied "yes".  He asked if we could speak in one of the meeting rooms.

 

He told me that he was not the Plaintiff, but the Plaintiff had sent them on their behalf.  He had a settlement to "dismiss with prejudice".  No money.   No future litigation.  Just "dismissal with prejudice".  I knew that was ultimately what I desired, second choice was arbitration.

 

10 minutes later, it was signed by the judge and I was on my way.

 

Hopefully, I wasn't mixed up about what I wanted.

 

Attached is what I signed.

 

Please confirm that my happy dance can ensue.

 

  • Like 1

Share this post


Link to post
Share on other sites
3 minutes ago, BitsyM said:

Bonus points for not profusely sweating or tossing my cookies in a public place.

 

I feel like I won the day.

Fantastic news on not tossing your cookies and getting the dismissal with prejudice!!! :cheerleader::cheerleader::cheerleader:

Share this post


Link to post
Share on other sites

Do you think that they just expected a default judgement?  When there was a response and a motion to compel arbitration, it just wasn't worth their time?

Share this post


Link to post
Share on other sites

Default judgement is always their expectation. As for the rest, it seems to ebb and flow. Sometimes they'll fight every case hard, and other times they seem to be looking for a reason to fold. It's possible what we are seeing now is the result of a glut of lawyers driving down the cost of collections - perhaps all of the experienced lawyers moved on to greener pastures, so there's no one left to  actually prosecute these cases. There was a lawyer, here, who's name was everywhere on collections suits - last I checked he's doing DUIs.

 

Share this post


Link to post
Share on other sites
26 minutes ago, BitsyM said:

Do you think that they just expected a default judgement?  When there was a response and a motion to compel arbitration, it just wasn't worth their time?

For a $2500-plus change debt, a defendant who appeared poised to win a MTC, and arb fees, it wasn't worth it. Still, I'd have expected them to offer a dismissal without prejudice to a pro se. They probably respected you enough to think a dismissal without prejudice would be rejected by you, and they'd have to argue at the hearing. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.