Author Topic: Sued collection Agency they now have filed an answer what now  (Read 254 times)

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JCAb8408

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Sued collection Agency they now have filed an answer what now
« on: December 08, 2014 01:11:41 PM »
I sued collection agency in state court they have removed to federal, and filed an answer.  However they are looking to settle they are offering $1000.00 plus state court filing fees. Should I accept or negotiate for more or is there, anything else I should ask for in the settlement.  Basis of suit FDCPA, state statute violations and TCPA.

kevinmanheim

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Re: Sued collection Agency they now have filed an answer what now
« Reply #1 on: December 08, 2014 01:35:13 PM »
How many TCPA violations?

JCAb8408

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Re: Sued collection Agency they now have filed an answer what now
« Reply #2 on: December 08, 2014 02:20:52 PM »
2 but I am in a unfriendly jurisdiction for TCPA,  which is why I filed in state court our district court has ruled on multiple occasions for OCA's on TCPA

kevinmanheim

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Re: Sued collection Agency they now have filed an answer what now
« Reply #3 on: December 08, 2014 02:22:40 PM »
I would counteroffer with $3,000, and expect them to settle for $2,000.

conrusco

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Re: Sued collection Agency they now have filed an answer what now
« Reply #4 on: December 08, 2014 02:59:35 PM »
A bird in the hand....

cgoodwin

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Re: Sued collection Agency they now have filed an answer what now
« Reply #5 on: December 08, 2014 05:36:38 PM »
I would counteroffer with $3,000, and expect them to settle for $2,000.

+1 

Offer $1k for the FDCPA, $2K for the TCPA, plus your state court costs, as the justification for the amount.  Expect a counter and accept it.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

Brunothe JDBKiller

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Re: Sued collection Agency they now have filed an answer what now
« Reply #6 on: December 08, 2014 08:20:37 PM »
I agree. Go for the maximum, and you may find yourself in a long protracted legal battle. In the end, you could conceivably get zero. If they offer you ANYTHING, that means they think they have a potential loss on their hands. Don't try to overdo it. Negotiate something that both of you are happy with.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

montag

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Re: Sued collection Agency they now have filed an answer what now
« Reply #7 on: December 09, 2014 04:39:47 PM »
I would counteroffer with $3,000, and expect them to settle for $2,000.
That or $1K and no 1099.  Remember lawsuit settlements are taxable.