ShaunTheDon

Sending a Settlement Offer to JDB after MTC

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I've been lurking on these forums for the last few months and based upon all of the information posted here, I received an order granting my MTC in Florida!!  (I'll be posting my MTC for the edification of the all since FL has some odd case law regarding arbitration). I have until ~Jan 8th to start arbitration with AAA.  My question now is how to go about offering a settlement?  I assume an email to the JDB's attorneys is appropriate.  Will the following verbiage work for these purposes? 

-----Begin Email-----
RE:  UNIFUND CCR, LLC vs ***
St Lucie County, FL Case: ****
Account Number: ****
 

To whom it may concern:

 
I'm am hereby extending a settlement offer in the above case/arbitration matter.  We are willing to not continue with the costly arbitration process, if the following conditions are agreed to by Unifund CCR:
 
1.  Unifund CCR and Hunt & Kahn will dismiss the civil case with prejudice and will make no further attempts to collect the alleged debt.
2.  Unifund CCR will remove any reports of the debt to the 3 credit reporting agencies (Equifax, Experian, and Transunion) and not add any negative reports to the same
3.  Defendant, *****, will agree to pay $0.00 to Unifund CCR, LLC 
4.  Defendant will dismiss the arbitration proceeding with prejudice and not proceed with Arbitration or any other legal proceedings for this alleged debt regarding violations of FCRA, FCCPA, or FDCPA.
 
This offer to settle this matter expires on Jan 5th, 2020.  

-----End Email-----

Also, if they agree to the settlement, how exactly will proof of their agreement work?  I'd hate for them to "agree", but put nothing in writing or what have you and then have the clock run out on starting arbitration and be back in court instead :p

 

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Honestly, I would start arb first and then request the deal. You are not going to get a good deal right now because they are hoping you get hit by a truck or have a heart attack before you get a chance to start arb (or any other situation which prevents you from starting arb). Once you start it, the ball in in their court as to what they will do next and it is at that point when you will get a good settlement (especially between the initial fee and paying for the arbitor).

In any case, you are correct to demand it in writing before performing on your side of the agreement.

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3 hours ago, WhoCares1000 said:

Honestly, I would start arb first and then request the deal. You are not going to get a good deal right now because they are hoping you get hit by a truck or have a heart attack before you get a chance to start arb (or any other situation which prevents you from starting arb). Once you start it, the ball in in their court as to what they will do next and it is at that point when you will get a good settlement (especially between the initial fee and paying for the arbitor).

In any case, you are correct to demand it in writing before performing on your side of the agreement.

There are usually a few windows during which a settlement is much more likely.  

Between the time when you initiate arbitration and when they have to pay the first big fee.

Between the time when they get the bill for the upcoming hearing and when they have to pay the really big fee.

Repeat if there is an appeal.  

I have personally settled a few accounts during those two windows.  That is when your leverage is highest.  Right now, as pointed out by @WhoCares1000, you don't have the leverage you will have once arbitration is initiated.  

 

And leave out the word "costly".  They might rant and rave about how you are trying to make they pay a lot of money.  They know they are paying a lot of money.  

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Thank you both for the advice.  I think you are both right and waiting until after arbitration is initiated to make a settlement offer.  I will definitely remove "costly", it doesnt help to rub it in 😁

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