Author Topic: Did I win or lose today in court?  (Read 1381 times)

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trueq

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Re: Did I win or lose today in court?
« Reply #15 on: June 29, 2013 06:08:40 PM »
If you think its a win its a win.

Personally, I never would have done that deal.    I would also ask for your money back from that lawyer of yours....the fact he thinks $5K over 3 years is a good deal means he is a lousy lawyer.

I would look to pay it off in a lump sum and not let JDB you 14 months down the line.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

teamplayer

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Re: Did I win or lose today in court?
« Reply #16 on: June 30, 2013 05:07:23 AM »
Me and the attorney for the JDB decided on $3k paid monthly over 2 years (down from my attorney's suggestion of $5K over 3 years) in the courtroom.

Is there anything legal-wise that would prevent me from offering now- post facto- to pay the JDB, $2K in a lump sum now?
He can always turn me down, right?

Or is it: Once we've come to an understanding on payment terms in the courtroom, it's sacro-sanc?

trueq

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Re: Did I win or lose today in court?
« Reply #17 on: July 01, 2013 03:01:05 PM »
Well, two things.

1.) You could ask to amend the agreement and offer $2000 upfront instead in one lump sum.   (Make sure you got a source to do that...whether its family, friends, income, asset sale, even if its a pirate payday loan store, etc.)  Many lawyers will take money up front for a discount.    This gets issue done and over with.   That is key.   They can't come back and say...you missed 8th payment...shredding the whole agreement, even though you made 23 payments on time.   

If you trip, it all goes back to the original amount owed and you really lost the payments made!!!!

Always do lump sum, if possible, in cases like this.   They can't deceive you, or trip you, on the plan to extract more out of you later.   Lump sums put matter to bed forever.

2.)  If you default, or breach, on current settlement agreement, case will go back to original status.   If its a signed written agrement, you could be sued for breach of that agreement and that is much harder to defend than a garden variety JDB case because the settlement agreement is a CONTRACT between you and JDB.   

When its just a credit card, they have no direct contract between you which in many areas of U.S. is much harder to prove the relationship and standing to sue you.

I wouldn't breach, but just ask lawyer if a "slight discounted lump sum" is better and suggest a lump sum number to erase this now.   ($2000 my suggestion, here)
   
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

teamplayer

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  • Posts: 20
Re: Did I win or lose today in court?
« Reply #18 on: July 01, 2013 05:54:25 PM »
trueq,

I value your input very much.

Thanks,

Teamplayer

trueq

  • Valued Member
  • Posts: 4929
Re: Did I win or lose today in court?
« Reply #19 on: July 01, 2013 08:06:40 PM »
Keep in mind.  I'm aggressive.

9 of 10 consumer lawyers will tell you that you have a very good deal worked out for the circumstances.

My view of settlement with a JDB is me getting paid or mutual walkaway.

So you may want to take me with a grain of salt.

It's all relative.

My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

 

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