worried in Ca Posted March 13 Author Report Share Posted March 13 I will file for arbitration. Do I still need to send back Admissions, Interrogatories and Discovery? How would I answer these if filing for arb? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted March 13 Report Share Posted March 13 6 hours ago, worried in Ca said: I will file for arbitration. Do I still need to send back Admissions, Interrogatories and Discovery? How would I answer these if filing for arb? As others have pointed out, for each answer write an objection due to MTC being filed. The reasons — if you answer you may be deemed to have waived your rights to arbitration. If you don’t answer you could be sanctioned for not answering and even lose the case. So answer with an objection. That way you are returning an answer without answering. 1 Quote Link to comment Share on other sites More sharing options...
nobk4me Posted March 13 Report Share Posted March 13 Admissions are especially critical, as if they are not answered by the deadline, they are deemed admitted. And they are worded such that, if admitted, their case is won, and you have lost. 1 Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 14 Author Report Share Posted March 14 15 hours ago, BackFromTheDebt said: As others have pointed out, for each answer write an objection due to MTC being filed. The reasons — if you answer you may be deemed to have waived your rights to arbitration. If you don’t answer you could be sanctioned for not answering and even lose the case. So answer with an objection. That way you are returning an answer without answering. Thank you! Ive been reading so much here and there is a lot of info, almost too much. Could you direct me to a section that adresses my question so I can read more in detail. Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 14 Author Report Share Posted March 14 10 hours ago, nobk4me said: Admissions are especially critical, as if they are not answered by the deadline, they are deemed admitted. And they are worded such that, if admitted, their case is won, and you have lost. So I would respond with Objection due to MTC being filed to ALL questions on Admissions, Special Interrogatories and Discovery? Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted March 14 Report Share Posted March 14 respond with "OBJECTION. Arbitration has been elected, and the scope of discovery is to be determined by the arbitration forum." for every question even obvious ones like address name etc.. yes Admissions, Special Interrogatories and Discovery? 1 Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 14 Author Report Share Posted March 14 22 minutes ago, Bulldoger said: respond with "OBJECTION. Arbitration has been elected, and the scope of discovery is to be determined by the arbitration forum." for every question even obvious ones like address name etc.. yes Admissions, Special Interrogatories and Discovery? Youre awesome!!! Thank you! I will sleep tonight! Thank you again! 👍 Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 14 Author Report Share Posted March 14 On 3/6/2023 at 6:04 PM, Clydesmom said: Settling is about leverage. Now that they have filed suit against you they have the leverage. You might get a 45% settlement with a lump sum payment in full. ANY settlement that involves making payments will be at 75% or more and require a consent judgment. The consent judgment means that if you default again they don't have to sue they can file that document with the court and go straight to bank levy or wage garnishment for the entire amount owed minus any payments. Settlement talks are not admissible in court and until a verdict is rendered you can keep negotiating. Since some counties are so backlogged in California that it can take 2 years or more to get to trial the longer you wait the better the settlement you might get. So they have accepted my offer!!!! And am asking if I agree. Im happy with that. Where would I find info on agreement and what to ask them for on top of the money part? Any advice or direction is appreciated! 1 Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 14 Author Report Share Posted March 14 Just now, worried in Ca said: So they have accepted my offer!!!! And am asking if I agree. Im happy with that. Where would I find info on agreement and what to ask them for on top of the money part? Any advice or direction is appreciated! Also, I still submit my admissions, interrogatories and discovery stating arb? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 14 Report Share Posted March 14 2 hours ago, worried in Ca said: So they have accepted my offer!!!! And am asking if I agree. Im happy with that. Where would I find info on agreement and what to ask them for on top of the money part? Any advice or direction is appreciated! You need to simply list all the terms IN WRITING before you pay. That the amount is settlement in FULL. Deletion from credit reports (if they will). They cannot sell any amount outside the agreed upon settled amount. All claims are considered settled and they withdraw their suit WITH prejudice. They may already have a written agreement for you to sign. Ask. 1 Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted March 14 Report Share Posted March 14 2 hours ago, worried in Ca said: So they have accepted my offer!!!! And am asking if I agree. Im happy with that. Where would I find info on agreement and what to ask them for on top of the money part? Any advice or direction is appreciated! 23 minutes ago, Clydesmom said: You need to simply list all the terms IN WRITING before you pay. That the amount is settlement in FULL. Deletion from credit reports (if they will). They cannot sell any amount outside the agreed upon settled amount. All claims are considered settled and they withdraw their suit WITH prejudice. They may already have a written agreement for you to sign. Ask. I would add if making payments (on stipulated judgement) not single lump sum make sure there is 0% interest you don't want to be paying off interest. Also make sure there is a grace period incase your in accident or get sick and go to hospital or can't make payment or any reason try for 30 days settle on 7 or more add upon completing payments LVNV will pull CRs tradelines. see this video https://www.youtube.com/watch?v=m__Fw1kk1zw 1 Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted March 14 Report Share Posted March 14 3 hours ago, worried in Ca said: Also, I still submit my admissions, interrogatories and discovery stating arb? Keep up with any court deadlines until a settlement is signed sealed and delivered. That keeps the pressure on them to complete the deal 1 Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 14 Author Report Share Posted March 14 1 hour ago, Clydesmom said: You need to simply list all the terms IN WRITING before you pay. That the amount is settlement in FULL. Deletion from credit reports (if they will). They cannot sell any amount outside the agreed upon settled amount. All claims are considered settled and they withdraw their suit WITH prejudice. They may already have a written agreement for you to sign. Ask. Thank you! Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 14 Author Report Share Posted March 14 1 hour ago, Bulldoger said: I would add if making payments (on stipulated judgement) not single lump sum make sure there is 0% interest you don't want to be paying off interest. Also make sure there is a grace period incase your in accident or get sick and go to hospital or can't make payment or any reason try for 30 days settle on 7 or more add upon completing payments LVNV will pull CRs tradelines. see this video https://www.youtube.com/watch?v=m__Fw1kk1zw Thank you! Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 14 Author Report Share Posted March 14 20 minutes ago, worried in Ca said: Thank you! 20 minutes ago, worried in Ca said: Thank you! Do you know of any templates I could reference in writing this up myself or if they send me in writing that I could reference? I havent responded to them yet because I want to be prepared first. This is the email. I plan on paying off early too and want to know how to ask if its possible to make larger payments IF I can some months. Im going for the lesser amount over 12 months which was my original offer. Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted March 15 Report Share Posted March 15 If you have more now, just put it aside, separate bank account, in money bag whatever. Take $600 for first payment, the divide remaining amount by 11 and subtract that from $600. That is now your monthly payment, Each month just add extra save money to make the $600 payment. 1 Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 15 Author Report Share Posted March 15 4 hours ago, Bulldoger said: If you have more now, just put it aside, separate bank account, in money bag whatever. Take $600 for first payment, the divide remaining amount by 11 and subtract that from $600. That is now your monthly payment, Each month just add extra save money to make the $600 payment. Great idea! Thank you! Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 15 Author Report Share Posted March 15 So I have recieved settlement papers from attorney. I am happy with tje agreement. Could someone with better knowledge just look them over to make sure Im not missing something. Also, should I ask about 0% interest and also to have removed from CR? Thank you! @calawyer Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted March 15 Report Share Posted March 15 30 minutes ago, worried in Ca said: Also, should I ask about 0% interest and also to have removed from CR? looks good to me, 12 * 600 = 7200 so no interest is being charge and a 5 day grace period is put in. Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 15 Author Report Share Posted March 15 7 minutes ago, Bulldoger said: looks good to me, 12 * 600 = 7200 so no interest is being charge and a 5 day grace period is put in. Should I ask for removal from credit report? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted March 15 Report Share Posted March 15 26 minutes ago, worried in Ca said: Should I ask for removal from credit report? You can try but I would be pleasantly very surprised if they agreed. What you have to realize — this is a stipulated agreement. This has the full force of a judicial judgment. If you miss a payment you are up the creek and they can garnish your accounts and wages to the extent allowed by your state law for the full amount. Check out section 9. This is very standard. So don’t miss any payments. Ever. Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted March 15 Author Report Share Posted March 15 21 minutes ago, BackFromTheDebt said: You can try but I would be pleasantly very surprised if they agreed. What you have to realize — this is a stipulated agreement. This has the full force of a judicial judgment. If you miss a payment you are up the creek and they can garnish your accounts and wages to the extent allowed by your state law for the full amount. Check out section 9. This is very standard. So don’t miss any payments. Ever. I understand. I have saved for a partial lump sum but I will keep that aside so that I have my payments in advance. Thank you. Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted Friday at 08:34 AM Author Report Share Posted Friday at 08:34 AM So I have my settlement papers from attorney signed and a cashier check ready to send back to attorney. I also am working on my MTC arb papers. They are about ready to send. My question is my settlement papers are due Mar 25. My request for admissions are due the exact time frame. Since Im settling do I still need to send admissions and MTC arb? Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted Friday at 10:56 AM Report Share Posted Friday at 10:56 AM 2 hours ago, worried in Ca said: So I have my settlement papers from attorney signed and a cashier check ready to send back to attorney. I also am working on my MTC arb papers. They are about ready to send. My question is my settlement papers are due Mar 25. My request for admissions are due the exact time frame. Since Im settling do I still need to send admissions and MTC arb? I would suggest sending all the stuff in until such time as the settlement is recorded in the case file. 1 Quote Link to comment Share on other sites More sharing options...
worried in Ca Posted Friday at 08:55 PM Author Report Share Posted Friday at 08:55 PM 9 hours ago, WhoCares1000 said: I would suggest sending all the stuff in until such time as the settlement is recorded in the case file. Thank you! Thats what I was thinking but wanted to double check. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.