Author Topic: Need Massachusetts case law for Delaware Statute of Limitations defense  (Read 105833 times)

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Bruno the JDB Killer

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Re: Need Massachusetts case law for Delaware Statute of Limitations defense
« Reply #1095 on: July 26, 2016 04:51:35 PM »
Even if the initial suit is dismissed with prejudice, couldn't they potentially file a new suit based on the settlement contract?  That would not be a suit on credit card debt that was dismissed, but a suit on breach of contract due to the signed agreement.  I'm just saying I wouldn't put it past some low life JDB attorney to attempt it.


I would say no. When the court dismissed the case and entered judgment for OP, the case is over and there is nothing to settle, so the agreement is void. Why they turned down his money is beyond me. Maybe they'll try to have the judgment vacated for sheer stupidity, who knows.
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deepintuit

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Re: Need Massachusetts case law for Delaware Statute of Limitations defense
« Reply #1096 on: July 26, 2016 05:49:11 PM »
Was the settlement agreement made part of the court's "judgement".

If not, I would suggest that you read that judgment very, very carefully.  And, read it for what it says, not what you think it says.

From what you offered, I see nothing cast in stone that says that the suit was dismissed with prejudice.

As for him suing them?  Well, if I were them, I'd jam the settlement agreement up his nose and file for sanctions against him for violating the agreement that says both parties are released from liability.

First, I posted every word of the Judgment in previous reply.  No mention of settlement agreement or prejudice in the Judgment.  The Court never saw the agreement as far as I know.  I never saw the agreement with PRA or atty signature either.  I can only assume the case was dismissed due to Plaintiff failure to act in some way within the 30 day stay period. 

Sanctions against me for violating the agreement?  What agreement?  They never executed what they offered.
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CleaningUp

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Re: Need Massachusetts case law for Delaware Statute of Limitations defense
« Reply #1097 on: July 26, 2016 10:29:33 PM »
The "settlement agreement" between you and the other side.

An agreement doesn't necessarily have to be signed if the actions specified in the "agreement" are carried through, giving argument to "the meeting of minds".  It may not be the easiest of conditions to argue, but it can be argued and argued successfully. 

So read your agreement and the court's ruling very, very carefully before you consider suing them for anything.  And, by this time in the game, your FDCPA accusations may well have passed their statute of limitations.


siskelsghost

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Re: Need Massachusetts case law for Delaware Statute of Limitations defense
« Reply #1098 on: July 26, 2016 11:51:51 PM »
"By then we had 3 weeks for atty to countersign and within 10 days, me paying the settlement amount in full."

If the above was language in the settlement, then they did not fulfill their part of the agreement - signing within 3 weeks.

In my opinion, there is no settlement. Don't pay them a dime.

They will have to refile another case in court and you can easily defend with Res Judicata.

CleaningUp

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Re: Need Massachusetts case law for Delaware Statute of Limitations defense
« Reply #1099 on: July 27, 2016 12:01:05 AM »
I as not saying that there was...

Merely saying that they could make the argument.

And given the sophistication that the OP has shown over 74 pages, he may not be able to shoot them down.


deepintuit

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Re: Need Massachusetts case law for Delaware Statute of Limitations defense
« Reply #1100 on: August 20, 2016 05:14:09 PM »
For what it is worth:

The Judgment of Dismissal for this case was entered July 8, 2016.  I received the notice around July 12. 

Today (8/20/2016), I got in the mail 2 notices TO THE CLERK OF THE ABOVE CAPTIONED COURT from Howard Lee Schiff, plaintiff atty.

Atty K.W.  filed an APPEARANCE on this case date stamped  July 13, 2016.

Also, atty A.L. filed a WITHDRAWAL AS COUNSEL date stamped Jul 21, 2016.

Seems if HLS wanted to vacate the Judgment, they would have tried it weeks ago.  It is strange that HLS would bother to send these notices almost 6 weeks after the Judgment of Dismissal date.  Looks like gross incompetence.
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deepintuit

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Re: Need Massachusetts case law for Delaware Statute of Limitations defense
« Reply #1101 on: August 20, 2016 05:25:38 PM »
WHAT I LEARNED:

This forum finally convinced me to drop the 3 year Delaware Statute of Limitations argument being used in a MA Court.

DISCOVERY:   I made the big mistake of giving Plaintiff several statements.  They were all I had and I thought they showed a trend to paying off the card.  Do not give atty anything in discovery.  In my case, my statements were all Plaintiff had to argue Damages.  You will get nothing from atty regardless of what you request.

During the hearing before SUMMARY JUDGMENT, the Judge made it clear that if I denied having an account, that was the surest way to lose completely.  On the other hand, after I refused to settle, the same Judge during the Summary Judgment hearing ruled that since I used the credit card, I was liable for debt.  He dismissed my argument of Plaintiff having no Standing.  He left it open as to how much in Damages I actually owed and that would be decided in another trial. 

The Judge warned Plaintiff atty that they had a tough battle ahead.  Judge gave them 45 days to serve all evidence to be used in a Hearing/trial for Damages.

In a pretrial hearing with a different Judge, the case got messy because even though the 45 day deadline had passed, atty convinced the new Judge to essentially extend the deadline for evidence to be served.  At this point it became clear that atty had enough evidence, almost all of which I had provided, to make an argument for substantial Damages. 

It was also messy because I had a total of 5 Judges over the course of the case, so any understandings between myself as pro se, atty, and the Judge were lost. 

Given my mistakes of helping Plaintiff, I decided to try to settle rather than continue to fight Standing.  We arrived at an amount of 14% of claim.   PRA provided a favorable settlement agreement, I signed, and then atty/Plaintiff completely dropped the ball.  Atty shows continued lack of organization.

The case was dismissed 6 weeks ago.   They got nothing. 

In conclusion, as this forum suggests, DO fight the case.  All consumer lawyers in my area promised to settle for 60% of the claim of which they would get half and Plaintiff would get half.  Not bad, over $3000 for a quick call to Plaintiff atty and signing a standard form.  I saved over $6000 and learned a LOT in the process. 

Although there will be conflicting attitudes by members of this forum, the members will be quite helpful if you show a willingness to do a LOT of homework.  It is all geared to help a pro se prepare to defend him/herself in Court with all the unpredictable maneuvers by Plaintiff attys and decisions by various Judges.

Again, I wish to thank everyone on this forum who took an interest. 
« Last Edit: August 20, 2016 06:57:50 PM by deepintuit »
A wise man learns from his mistakes.  A genius learns from other people's mistakes.

 

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