Discovery for OC Lawsuit

[SoCal Somewhere]

Team,

Pending lawsuit with OC. What is discovery like for an OC lawsuit?  I understand discovery for this is different from a JDB. What should I be doing different in this case? The things that I'm reading suggest settlement as a better option. Not opposed to settling, but I have nothing in terms of a lump sum payment. How will that play out if this gets to a judge? I simply cannot pay. I can pay over time, like $100 a month. Is that even a position to negotiate?

[Harry Seaward]

5 minutes ago, SoCal Somewhere said:

Not opposed to settling, but I have nothing in terms of a lump sum payment. How will that play out if this gets to a judge?

The judge has zero latitude in terms of what you can pay. His job is to decide if the debt is legit, and that's it. Once Barclay's has their judgment, they can immediately start proceedings to garnish your wages and levy your bank accounts. You might have a couple weeks or a month between judgment and having your money forcibly taken from you.

The time to work out a settlement is now before there are additional legal fees. Most of the time, creditors will agree to a monthly payment arrangement. Just be sure you can comfortably afford the payment you agree to, because if you default, Barclay's won't have to go back to court to get a judgment and can immediately begin garnishment and levy proceedings. 

[SoCal Somewhere]

Seaward-

 

Thank you good sir! By your knowledge, is this worked out with OC's attorney? Or, should I try and contact OC directly?

I'm kinda over the barrel, chaotic finances over the past several years and simply don't know up from down. But, trying to clean stuff up, etc. etc.

[Harry Seaward]

Barclay's will refuse to speak to you because they are represented by an attorney, so you'll need to go through Suttell to work out a settlement.

I forgot to mention this earlier, but most of the time, payment plan settlements won't come with a discount. Usually the only way to get a 'better deal' is with a lump sum payment. 

[RyanEX]

Did your card/contract have an arbitration clause?

[SoCal Somewhere]

On 11/12/2019 at 2:21 PM, RyanEX said:

Did your card/contract have an arbitration clause?

Unfortunately, I'm not aware if there was or not. I've seen other comments regarding strategies JDB vs OC. I won a JDB case earlier this year, and just under the assumption that rules/strats are different because this is an OC.  OC trial pending, discovery pending. Settlement offer has been briefly discussed, but no details.

[SoCal Somewhere]

On 11/12/2019 at 8:59 AM, Harry Seaward said:

Payment plan settlements won't come with a discount. Usually the only way to get a 'better deal' is with a lump sum payment. 

That's what I've seen here. Waiting on settlement documents to be drawn up and sent to me. Feels like wobbly ground I'm stepping out to. What kind of language should I be wary of? From what I've read, these settlement details seem like a back way to a default judgement of some kind? Yeesh.

[SoCal Somewhere]

End note- 

I ended up settling with OC. $150/month for 2 years. No problem. Straightforward. Case dismissed with the court without prejudice.

[BV80]

3 hours ago, SoCal Somewhere said:

End note- 

I ended up settling with OC. $150/month for 2 years. No problem. Straightforward. Case dismissed with the court without prejudice.

Thank you for updating.  It’s a help to future readers.  

As long as you’re satisfied with the outcome, we’re happy for you.  OCs are much more difficult to defeat, and not everyone has the time or ability to do what is necessary to put up a good defense.  In fact, considering that OCs can and will provide admissible evidence, we don’t always have a valid defense that will result in a ruling in our favor.  

I don’t blame you one bit for settling.   Now, you can focus on other parts of your life that don’t involve this lawsuit.   Other consumers who read your thread will understand that settlement is sometimes the best option.  Best of luck to you!  ?