Author Topic: Settlement on Already Won Judgement  (Read 155 times)

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bdrew6

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Settlement on Already Won Judgement
« on: January 06, 2017 06:21:33 PM »
Good Morning all;

As some of you know, I recently won a default judgement against a company for TCPA violations.  After winning, I have registered the judgement in multiple districts, filed multiple non-party subpoena's and moved the court for an OSC/sanctions for their corporate officers for failing to respond to post judgement interog's. 

I guess the fact that they are about to be arrested by the USMS, lit a fire under them and they retained counsel late last night to defend all these actions.

What I was wondering is, after multiple pages of of their attorney brow-beating, they asked if I wanted to settle.  But, I already won.  I mean, I guess I could satisfy the judgement for less then face value, but its not a settlement.  True, their attorney is new and they may not already know I have judgement, or just think im stupid.  Though, I did pretty much write this judgement off as chasing a ghost so anything is better then nothing.  I would just hate for them to move to vacate the default.
(Pro se) BK chap 7 {discharged}
(Pro se) 3 TCPA  {2 settled, 1 win (Federal)}
(Pro se) 1 FDCPA {1 settled}
(pro se) 1 AAA Arbitration {1 settled}

11181986

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Re: Settlement on Already Won Judgement
« Reply #1 on: January 06, 2017 07:15:56 PM »
Judgments are settled all the time. I Think you getting confused by the usage of the term settlement. 

Bruno the JDB Killer

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Re: Settlement on Already Won Judgement
« Reply #2 on: January 06, 2017 09:12:28 PM »
What would they do if YOU were the one who did all this? Would they be so kind? Not likely. You have them, they have no leverage. Let them be arrested and explain their behavior to a judge. Maybe you can bring them cookies while they sit in their cell.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Settlement on Already Won Judgement
« Reply #3 on: January 07, 2017 02:30:19 AM »
If they still have an office, you could pull the famous HarryC move and file a writ and show up with the court papers and a U-Haul and start removing everything from their office.
10 Arb Settlements (9 AAA, 1 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

kevinmanheim

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Re: Settlement on Already Won Judgement
« Reply #4 on: January 09, 2017 06:56:21 AM »
HarryC's case is the best example of how to proceed -- IF you are aggressive.

Something about your post tells me that you aren't in HarryC's bracket. There's nothing wrong with that -- it takes nerves of steel to do what HarryC did.

I would give the opponent a take it or leave it offer to settle. Maybe 75% of the balance currently owed. Don't forget to calculate the current interest owed.

Give them a short deadline. If they don't accept, wait them out and collect 100%.

Whatever you do, do not negotiate with them. If they counter your offer, fall silent and pursue full collection.

In the back of your mind, always remember that a court is unlikely to do much to them for violating a civil court order. Typically, they will be given many chances before any real harm comes to them.

Bruno the JDB Killer

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Re: Settlement on Already Won Judgement
« Reply #5 on: January 09, 2017 02:01:54 PM »
Steal their garbage. You'd be surprised what you might find. Or, have a friend send them a check for ten dollars and see where they deposit it.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.