back from deposition duce tecum..results

vialna · 08-24-2006, 06:27 PM

ok, was very nervous...had all paperwork in hand...walked into what i thought would be the courthouse and instead discovered its the jdb atty office who bought and won the judgement debt on me....when i get inside i ask if hes in, state that i have an appoinment with him set for 3:15 the one girl says he just stepped out but his secretary is in....

out comes his secretary and low and behold its the daughter of one of my friends who i havent seen in years....she says he had to run to the courthouse and shows me to a conference room...

she sits down and starts catching up on old times...i ask her when he'll be back, she says shortly...then goes on to tell me she knows i have a judgement against me and that i should offer to settle...i said really,

she said yes, he's a nice guy and his inlaws are the company that bought the debt and he works with them on the legal end...to collect.....

i said ohhhhhhhhh....she leaves, and i said say hi to your mother, had explained about my having cancer, ect. ongoing, and please dont say anything to the atty that we know each other...she said not to worry....

he comes in sits down, and i said can we talk...he said sure...i said when we went to court ordered mediation you asked me to settle for $4k, i said i didnt have the money and still dont....but i would like to see what we can work out as far as some sort of settlement much less than the judgement award...he said well the judgement is for 12,5K and with atty fees its $15K.. how much do your think you can come up with...i said i didnt know but definietley not that amount...he said maybe 10K, i said i was looking more at payments each month...since i have just started back to work...he gave me the no. of his father inlaw which he didnt know i knew was his father in law...and said this is the owner of the company...call him and see what you can work out...and i will give this 3 weeks...and we can then see where things are at...

Now i leave...relieved that i didnt have to disclose anything, especially my interest in the partnership that i have which all monies are directed to an annuity for my benefit....if that was disclosed in depositon which it would have because it appears on my income tax which i had to provide, then they would not even talk settlement....they would want the full amount...

I called the fatherinlaw from my cell phone on the drive home and explained that i had cancer, that he had offered 4k at mediation, that my cancer was on going ect....he said hed look at my file...see what they needed to get out of it and we d talk on wed. next weeik...i told him i would see what i could do with the figure he gives me, i said i would possibly ask my parents for an early inheritence and hit family and friends...

i plan to see what figure he comes up with, lets say he says 6, ill say let me see what i can do, then offer 5k...if he says yes...i will see if he will take payments for 8 months at $100/month and then in april, i can draw some money from my annuity which i set up for future needs, med. and insurance...but can withdraw with penalties...and pay them the difference...

it all depends on what they offer.............so that is how my day went...
relieved for now...hoping for the best...and hoping this will work out...

any comments....v

centex · 08-24-2006, 06:37 PM

What is the timeline in which a judgment may be vacated in your state and just how fresh is the judgement? I am wondering whether you can come to a middle ground that gets them the money you propose but that also includes a provision for them to file a Motion to Vacate so that you then no longer even have the judgment on your record.

jlynn · 08-24-2006, 06:46 PM

What is the proper paperwork she needs to make sure she has in her hands to make sure the judgment is AT THE VERY LEAST satisfied? I know what she needs to do will vary, depending on whether she pays them a lump sum, or she has to make payments.

I would hate for all this to seemingly be worked out, and somewhere else down the road, someone else tries to collect the balance.

vialna · 08-24-2006, 06:53 PM

the judgement was awarded through the court june 5,06...i have about 2 21/2 weeks to make this be a done deal...plzzzzzzzzzzzzzzzzz help me set things up right so i dont get screwwwwwwwwwwww.

i did ask if once we reached a settlement, and nothing is definite yet...if they could or would turn around and sell the remaining amount to another collector and he said no........that thats against the law.......is he right or wrong...what do i need to do to make sure this is done correctly....if it goes through...........tks in advance ...this site has been the most helpful and knowledgeable......v

vialna · 08-24-2006, 06:55 PM

]im in florida, dont know the timeframe to vacat a judgement...but should i put together some sort of settlement agreement????????Centex and others please help....v

centex · 08-24-2006, 06:58 PM

I don't deal with FL law, so I don't know what their provisions are for vacating a judgment.

As to the sale of the balance, the key is to ensure that any settlement agreement stipulates that the settlement is to represent a closure to the matter and that the balance will not be sold, transferred or otherwise assigned for any purpose associated with collection activity. Without that protection, there is nothing illegal about selling off the balance. So what he told you is both correct and incorrect depending on the language of the agreement.

vialna · 08-24-2006, 07:00 PM

found this, but dont understand...

Florida Rules of Civil Procedure
RULE 1.540 RELIEF FROM JUDGMENT, DECREES, OR ORDERS

(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding as entered or taken, except that there shall be no time limit for motions based on fraudulent financial affidavits in marital cases. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.

Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment or decree shall be by motion as prescribed in these rules or by an independent action.

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jlynn · 08-24-2006, 07:03 PM

Remind me. Why do you only have 2 1/2 weeks. So that it doesn't interfere with something else? Or is that what the lawyer is telling you?

vialna · 08-24-2006, 07:19 PM

lawyer said he will give me 2 to 21/2 weeks to negotiate with his father in law who owns the company and come up with a settlement amount and time frame or we go back to dep duce tecum....v

hannah · 08-24-2006, 08:06 PM

Quote:

Originally Posted by vialna

lawyer said he will give me 2 to 21/2 weeks to negotiate with his father in law who owns the company and come up with a settlement amount and time frame or we go back to dep duce tecum....v

Let's wait until the FIL gets back to you with an amount and then we figure how to write it up. I am sure they will write out an agreement. Tell them you need it on paper to see before you can make up your mind if you can do it. You will need to post it here and we will help you make the changes that you will need to protect you against the scum.