 | should I offer to settle?
06-15-2006, 04:17 PM
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#1 | | Administrator
Join Date: May 2006 Location: Okinawa
Posts: 7,217
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What do you think?
Should I offer to settle or let them offer first?
BTW...this isn't the case where I just slam dunked the botch attorney; I am not showing him any mercy whatsoever!!! But this is a slam dunker too. I've got them dead to right!
Oh, I forgot; they have until the 26th to answer.
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Last edited by roybean; 06-15-2006 at 04:21 PM.
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06-15-2006, 05:22 PM
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#2 | | Administrator
Join Date: Nov 2004 Location: Greater DC area
Posts: 7,798
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Have you sent an ITS yet? If not, you could send an ITS along with an offer letter. If they accept your offer, they will delete the tradeline, not sell the account to any other collector or return to the original creditor for collection, and then you will agree not to sue.
If they don't accept your offer, they see you in court.
If you think you'll get more by waiting, then wait for them to offer and counter them.
If
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06-15-2006, 06:00 PM
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#3 | | Administrator
Join Date: May 2006 Location: Okinawa
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I am past that; they have ten days to answer my complaint and I have them for FDCPA and FCRA violations, plus damages. Oh, I forgot, Texas finance codes as well...so if they don't do what I ask them to do, they can bring it on!
They kept on sending letters and calling after I asked for validation within the 30 days by certified mail and then reported on all my credit reports. So I am not worried.
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Last edited by roybean; 06-15-2006 at 06:02 PM.
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06-15-2006, 06:42 PM
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#4 | | Administrator
Join Date: Nov 2004 Location: Greater DC area
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Then let them offer. See if they make it worthwhile. If not, you've got them for the violations. Hopefully it will be worth enough to them to not go to court.
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06-15-2006, 07:31 PM
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#5 | | Administrator
Join Date: May 2006 Location: Okinawa
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Some people just won't see reason, but it would be to their advantage to give me what I want seeing as how they will have to find an attorney or hire the same nut case that I've had to deal with (and people are going to him because he is the only attorney in my area who will take the case, he works from home and is cheap, and is desperate for money....I know that a couple of reputable attorneys told the CA they should settle w/me), pay the statutory damages, and my attorney fees if I hire one.
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06-15-2006, 07:45 PM
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#6 | | Administrator
Join Date: Nov 2004 Location: Greater DC area
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That's what I mean. Make them know you're serious, then settle when they see how much it will really cost. They won't offer much at first, but as they see what the costs are they'll give in.
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The answer is 42!!
Last edited by Hedwig; 06-17-2006 at 12:28 PM.
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06-15-2006, 08:49 PM
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#7 | | Administrator
Join Date: May 2006 Location: Okinawa
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That's the plan because I basically told them that they weren't going to pay me like a chump! 
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06-17-2006, 11:10 AM
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#8 | | New Member
Join Date: Jun 2006 Location: OHIO
Posts: 13
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Roybean,
An attorney friend of mine told me that the courts look favorably upon an offer to settle out of court - that it can be construed as "good manners." So, when I send an ITS, it is always with an offer to handle it out of court with a settlement. Of course, because the CAs and JDBs have such GOOD manners, I have yet to have anyone settle out of court with me previous to filing against them. However, I can always say to the judge that they knew they were in violation, and I attempted to settle out of court.
Another insight from my experience is that they NEVER settle (this is only from my personal experience) until the DAY they HAVE to. I have had them call me at the crack of dawn on the day that we were to settle in court to make an offer.
My advice, based on my experience? Time is on your side. Their attention is focused on making $$$, trying to collect from those who do not know their rights. Their focus is not on you. They will wait to the ultimate last minute. One aspect to this is that this will lead them to desperation, trying to settle at the last minute and you may have a chance to make more moolah with the desperation aspect.
And PS, I have an official, legal Settlement Agreement boilerplate should you need one. You just can fill in the blanks.
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06-17-2006, 11:27 AM
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#9 | | Administrator
Join Date: May 2006 Location: Okinawa
Posts: 7,217
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Originally Posted by zinger Roybean,
An attorney friend of mine told me that the courts look favorably upon an offer to settle out of court - that it can be construed as "good manners." So, when I send an ITS, it is always with an offer to handle it out of court with a settlement. Of course, because the CAs and JDBs have such GOOD manners, I have yet to have anyone settle out of court with me previous to filing against them. However, I can always say to the judge that they knew they were in violation, and I attempted to settle out of court.
Another insight from my experience is that they NEVER settle (this is only from my personal experience) until the DAY they HAVE to. I have had them call me at the crack of dawn on the day that we were to settle in court to make an offer.
My advice, based on my experience? Time is on your side. Their attention is focused on making $$$, trying to collect from those who do not know their rights. Their focus is not on you. They will wait to the ultimate last minute. One aspect to this is that this will lead them to desperation, trying to settle at the last minute and you may have a chance to make more moolah with the desperation aspect.
And PS, I have an official, legal Settlement Agreement boilerplate should you need one. You just can fill in the blanks. | Thanks and I know what you are saying; I guess I haven't learned to take my emotions out of it yet. It just makes me angry that lawyers seem to think or try to play like Pro Se'ers do not know what they are doing. I hooked this attorney up real good!!! As soon as oportunity knocks I am going to pleade for fees for Pro Se litigants because I know that attorneys play these games so that they can keep burning hours and there is no threat of having to pay any attorney fees for me because I represent myself.
I too have a broiler plate and an extensive settlement agreement that includes their moma, relatives, unborns, and playmates, but thanks though.
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06-17-2006, 12:32 PM
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#10 | | Administrator
Join Date: Nov 2004 Location: Greater DC area
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zinger, keep those templates handy. I'm sure others will be around who will need some help. Are they state specific, or are you in federal? If in federal, does it vary by circuit?
These are the things people need to consider, or I'd say we should start a place for things like this.
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The answer is 42!!
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06-17-2006, 02:58 PM
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#11 | | New Member
Join Date: Jun 2006 Location: OHIO
Posts: 13
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My boilerplate (I think) is just on a state level. I haven't ever "advanced" to a federal court. It is a basic settlement agreement, and one that you can format your own "agreements" into. Anyone is welcome to my version of it. I also have great stuff like Answers to Complaints and Discovery Questions, which I have won 4 cases with. I am happy to share my info, because so many people from these boards shared info with me that allowed me to win (and save LOTS of money). If you guys post a place for this, I am happy to submit to a mod for approval, with a liable free, informational only purposes statement attached.
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06-25-2006, 11:54 PM
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#12 | | New Member
Join Date: Jun 2006
Posts: 2
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Pay For Delete's have always worked well for me (if you're trying to get something off of your report).
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06-26-2006, 02:14 PM
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#13 | | The One and Only!
Join Date: May 2006
Posts: 4,059
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Originally Posted by ethanwa Pay For Delete's have always worked well for me (if you're trying to get something off of your report). | I never had success with pay for delete, might work well with smaller CA's but not with the bigger ones.
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06-26-2006, 02:32 PM
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#14 | | Administrator
Join Date: May 2006 Location: Okinawa
Posts: 7,217
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Neither have I and I offered to pay with interest (and they essentially mocked me) before I got wise!
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"Be surprised at what people won't do and not at what they do."
Last edited by roybean; 06-26-2006 at 04:59 PM.
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