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Question about settlement w/ Capital One


timbuck2
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I'm being sued by Midland Credit Management for a Capital One account in the amount of $3100. This case has been waiting on a court date to be issued by the county court Judge since MAY 3, 2021. I know there is no arbitration clause that I can use as defense; and I really don't have any options, but my question is do you think offering $2000 would be a good settlement offering, and who should I contact about my settlement offering: MCM's attorney or MCM? 

Many thanks in advance!!!

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I was recently sued by Midland for a different creditor.

I took the arbitration route, but the attorney told me I could discuss settlement with either him or Midland.  It didn't matter.

I've heard to start your settlement offer at 30% of the debt, so you have room to go up.  I don't know about Midland, but I had an attorney for Velocity start their negotiations with me at 55% - but, that was after going to court with arbitration.  My gut feeling is that they'd be satisfied with $2000 on a $3100 debt, but it wouldn't hurt you to offer less and let them counter.

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8 minutes ago, shadow99 said:

I was recently sued by Midland for a different creditor.

I took the arbitration route, but the attorney told me I could discuss settlement with either him or Midland.  It didn't matter.

I've heard to start your settlement offer at 30% of the debt, so you have room to go up.  I don't know about Midland, but I had an attorney for Velocity start their negotiations with me at 55% - but, that was after going to court with arbitration.  My gut feeling is that they'd be satisfied with $2000 on a $3100 debt, but it wouldn't hurt you to offer less and let them counter.

The problem is I don’t have an arbitration clause to work with; Capital One took that out of their agreements a few years ago. So, I’m stuck between a rock and a hard place, and I will lose if this goes to court. The only thing I have going for me is that this has been sitting in pre-trial and waiting on a court date for eight months now. I’m just wondering if anyone has found themselves in my predicament and have negotiated a settlement. And my question is, would it be better to contact the attorney representing MCM?
 

I think I’ll send the attorney the offer first.  Unless others in this forum have differing opinions? Many thanks, y’all.

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