Author Topic: Really need advice/input ASAP  (Read 1180 times)

0 Members and 1 Guest are viewing this topic.

Flyingifr

  • -DEAN EMERITUS-
  • Valued Member
  • Posts: 8483
  • Welcome to my Temper Tantrum
Re: Really need advice/input ASAP
« Reply #30 on: August 04, 2017 12:36:08 AM »
update: I'm as confused as ever after meeting with my attorney. He was emailing back and forth with Midland's attorney discussing their thoughts on the SOL and Delaware law etc, and Midland's attorney just came out and offered to settle the case for $1500.

Think I went in expecting him to advise me what to do, but he really didn't. He mentioned that he doesn't believe they can make their case in court, and that I'll be spending another 1-2k to have him represent me through a possible trial (if it even gets that far). Everything would be left up to the judge to rule on these different matters affecting the case etc.

We could just wait a while, or move forward with a scheduling conference, make them a counter offer... There are just so many different possibilities with no real certainty on what could happen. Essentially I'm just going to think about things for a few days. Not sure what I was expecting.

Have your attorney draw up the settlement documents and ask when Midland will be sending the $1500. I'm not joking, otherwise it goes to Arb and it can cost Midland 5 figures, easily.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

BellEbutton

  • Valued Member
  • Posts: 3444
Re: Really need advice/input ASAP
« Reply #31 on: August 04, 2017 01:25:31 AM »
Have your attorney draw up the settlement documents and ask when Midland will be sending the $1500. I'm not joking, otherwise it goes to Arb and it can cost Midland 5 figures, easily.

The OP's attorney has already answered the complaint, filed a counterclaim for FDCPA violations, and engaged in discovery. 

Flyingifr

  • -DEAN EMERITUS-
  • Valued Member
  • Posts: 8483
  • Welcome to my Temper Tantrum
Re: Really need advice/input ASAP
« Reply #32 on: August 04, 2017 03:39:42 AM »
The OP's attorney has already answered the complaint, filed a counterclaim for FDCPA violations, and engaged in discovery.

Exactly - Midland thinks the OP is paying them. I think the OP should take the position that the money goes in the opposite direction.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

BellEbutton

  • Valued Member
  • Posts: 3444
Re: Really need advice/input ASAP
« Reply #33 on: August 04, 2017 03:53:06 AM »
Exactly - Midland thinks the OP is paying them. I think the OP should take the position that the money goes in the opposite direction.

I understand that.  But, considering the OP has engaged in litigation and filed the FDPCA counterclaim in state court, how can it now go to arbitration?
« Last Edit: August 04, 2017 05:18:43 AM by BellEbutton »

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Really need advice/input ASAP
« Reply #34 on: August 04, 2017 08:33:58 PM »
I would file my own motion to dismiss citing the MT borrowing statute, which is very clear. No lawyer need. watch how fast they back off.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

MTBeth

  • Valued Member
  • Posts: 47
Re: Really need advice/input ASAP
« Reply #35 on: August 05, 2017 02:33:22 AM »
I've been in similar situation.

Probable scenario: You fight this. Your lawyer runs up 2K in fees. Day before trial Midland offers mutual walk away, each side bears own costs. Your lawyer says "this is best we are going to get." Now you are out 2K instead of 1.5K.

As fun and interesting as this would be - especially with the uncharted territory surrounding MT/DE SOL, if you lose you are looking at 10K + 2K (your lawyer) + 2K (Midland lawyer) = 14K. Plus all of the stress and wasted time.

To be honest I'm thinking along these same lines and tend to agree with everything you've just said.

My attorney also said he believes he can talk them down to less than the $1500 to settle. Don't want to say too much regarding that here as there's always the off chance Midland is reading this, but I'll definitely keep this updated on the eventual outcome. Whatever that may be.

 

credit