Board 8 > Oh hey i'm being sued

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Heroic Bigpun
12/18/19 2:44:08 PM
#252:


neonreaper posted...
So you saved 500 bucks
Yes. I was wanting to settle to begin with. We just simply ended up on the first resolution i wanted to take. It's not as much as I wanted to settle on but it could definitely have been way worse

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Uglyface2
12/18/19 5:55:55 PM
#253:


Bad decision. They didn't provide those papers during the discovery period so they should have been inadmissible.
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Corrik7
12/18/19 6:11:41 PM
#254:


Punnyz posted...
For the record guys, court fees are a thing

the case infront of mine the woman instantly keeled over and she just agreed to whatever. court fees were like 200 bucks

but anyways, something DID happen

That woman wanted to speak to me and me alone. I was the only one. She wanted to settle. Unfortunately we didn't get much time to talk because the judge arrived and we had to go back to the courtroom, but it gave me a glimmer of hope

lots of no shows. I would never dream of not showing up man.

ours got pushed to last and it took the longest

yall know everything about me by this point, I wanted to know if they had the right to sue, informed them I haven't been contacted, and they had the correct paper work

yes

she had everything

she confirmed my address, my phone number, she had the paper work. They determined that credit cards have an agreement on usage, not a signed contract so they didn't need a paper saying that.

while they could not confirm I ACTUALLY received anything, she had every copy of every statement ever issued monthly to me with my correct information on it

Judge asked me if I ever had this credit card. I said yes. Obviously I can't lie, I wasn't thinking about lying, I could never lie to the court.

Now heres the kicker
@Uglyface2

if yall recall, I had help from a lady at a desk a few months ago. Shes the one that told me about the Motion of Discovery. She was the judge's right hand person in court today. I brought this up, I put forth a motion and then I never heard anything afterwards. The judge checked her files and she found it, she approved it. They never complied.

Judge said, while saying they were gonna be reprimanded for it, it has no real bearing on anything. Because the woman brought the proof they owned the debt with her today. Thats all the judge wanted to see

btw desk lady pissed me off. She faxed and emailed the plaintiff this motion for discovery. When the judge asked if she did this, she was like I HAVE NO RECOLLECTION. Luckily I had the copy she gave me confirming she did that. I felt like Phoenix Wright. But also the judge found the paper work immediately anyways, for better or for worse I had no impact. I wonder what would have happened if there was no proof she did not do this. But again, Judge didn't really are about this anyways because lawyer lady brought the paper work and presented it to me

but yea guys, it was a valiant effort, there was some hope, but its me, guys

didn't I say that

its me

The only good thing is that the judge offered one last chance for a settlement. "I will allow you one more chance right now to talk it over"

So I did settle. 700 dollars and waive court fees

I'm really sad but I guess this is all my fault
Literally what I said was going to happen, happened. And, the people telling you to do this almost screwed you, but the judge let you settle before the hammer fell.

Yeah, color me surprised. Now you could have done all this from the start without wasting all your time on this. And, possibly even settled for lower than you ended up doing so here.

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kevwaffles
12/18/19 6:14:54 PM
#255:


I read through this a long ass time ago, but iirc your advice, Corrik, was to literally just pay the amount they were asking. How the hell is that supposed to lead to settling for less?

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ChaosTonyV4
12/18/19 6:16:22 PM
#256:


They literally never provided him the proof they owned the debt until the trial, Corrik. If you would just Google you would see that debt collectors fuck that up literally every day.

Your advice was bad in 9 out of 10 cases, and the Judge did him a favor even though they really did the creditor for even allowing it.

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Corrik7
12/18/19 6:18:02 PM
#257:


kevwaffles posted...
I read through this a long ass time ago, but iirc your advice, Corrik, was to literally just pay the amount they were asking. How the hell is that supposed to lead to settling for less?
No. My advice was to call them and work out an agreement to pay a lower amount and on a favorable payment amount if he knew that he did in fact have an outstanding debt. He could have verified the debt was legit by contacting who he initially owed it to. Then made an agreement with the debtor that was favorable to him. They always agree to settlements to avoid going to court extraneously. In fact, you got lucky they agreed to do a settlement after they had you dead to rights in the court room. Merry Christmas to you there!

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ChaosTonyV4
12/18/19 6:19:31 PM
#258:


Its not his responsibility to track down who actually owns his debt; because it can be bought and sold literally countless times.

This was all explained to you already.

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Corrik7
12/18/19 6:19:35 PM
#259:


ChaosTonyV4 posted...
They literally never provided him the proof they owned the debt until the trial, Corrik. If you would just Google you would see that debt collectors fuck that up literally every day.

Your advice was bad in 9 out of 10 cases, and the Judge did him a favor even though they really did the creditor for even allowing it.


And there was the problem. Taking legal advice from people trying to act like lawyers from googling. Not people who actually have been through the process via their family.

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ChaosTonyV4
12/18/19 6:20:28 PM
#260:


Corrik7 posted...
And there was the problem. Taking legal advice from people trying to act like lawyers from googling. Not people who actually have been through the process via their family.

I linked websites of actual law offices and the actual Texas Law, but ok

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Corrik7
12/18/19 6:21:33 PM
#261:


ChaosTonyV4 posted...
I linked websites of actual law offices and the actual Texas Law, but ok
Thanks for again telling me how googling made you an expert. Save that shit for the politics topic, not in legal situations where people could have gotten burned for money they didn't have to get burned on. Thanks.

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Punnyz
12/18/19 6:23:12 PM
#262:


this IS an interesting lesson though

nothing is set in stone

everybody's law experiences are different period

it seriously depends on the judge, whos handling it, whos on the other end, etc

Some judges may have been like you didn't do what I said, nah son

or some will bend the rules as they see fit since they think its necessary or not

I will share this experience if someone brings up court situations but now I know to say this worked for other people but didn't for me. I'll be that guy

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Punnyz
12/18/19 6:24:20 PM
#263:


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Punnyz
12/18/19 6:26:13 PM
#264:


I still wonder why that woman only approached me to settle

that was weird

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ChaosTonyV4
12/18/19 6:27:09 PM
#265:


It still worked, just not the best-case scenario (as per usual with Punny <_<)

Theres literally no way of knowing if the negotiations would have been any better if you settled ahead of time, because the entire thing was already backed by the subpoena.

At least now you know for certain they own it and have proof in case someone else comes calling with that same debt.

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ChaosTonyV4
12/18/19 6:28:00 PM
#266:


Also yeah, I still think its wildly unfair and wrong that they didnt respond to your request before the actual trial, they had you over a barrel.

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Phantom Dust.
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Corrik7
12/18/19 6:28:29 PM
#267:


Punnyz posted...
I still wonder why that woman only approached me to settle

that was weird
Most people they had cases for were probably no show default judgments. How many people there actually showed up for it? Most people usually don't if they know they owe it, unless they are hoping for a no show on the other end.

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kevwaffles
12/18/19 6:32:37 PM
#268:


Yeah, overwhelming odds are they weren't settling for any less prior to a court date after he's already been served since they were already handling a boatload of other cases. Your advice, Corrik, vastly applies more prior to the state this topic started out at.
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Corrik7
12/18/19 6:36:17 PM
#269:


kevwaffles posted...
Yeah, overwhelming odds are they weren't settling for any less prior to a court date after he's already been served since they were already handling a boatload of other cases. Your advice, Corrik, vastly applies more prior to the state this topic started out at.
That is incorrect. They settle literally all the time prior to court dates. Precisely so they don't actually have to go to it/waste time on it/a lawyers time on it. There is obviously a number they wouldn't have settled below for it, but I would venture it is likely lower than the $700 he settled with when his balls were under their hammer.

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neonreaper
12/18/19 7:17:07 PM
#270:


objection, speculative

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MartinFF7
12/18/19 7:37:41 PM
#271:


Punnyz posted...
I still wonder why that woman only approached me to settle

that was weird

If they've been at this for a while, maybe they've got a good "read" on what defendants seem persuadable to settle... or seem more likely to put up a fight and are worth dealing with before getting in front of the judge
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MawiIe
12/18/19 7:50:20 PM
#272:


ChaosTonyV4 posted...
It still worked, just not the best-case scenario (as per usual with Punny <_<)

Yeah this is the big takeaway here. Pun got screwed, but in a way that really wasn't as bad as it could be. Surprised they actually showed up in court, but I guess they're probably familiar with the judge in the area and knew they could get something if they did.

at least it's all over now!

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Team Rocket Elite
12/18/19 8:52:09 PM
#273:


How bad is your financial situation right now? Will you be able to pay the $700?
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Heroic Bigpun
12/18/19 10:38:50 PM
#274:


My financial situation is not good because one of my cats has been dying and I spent lots of money on a few vet visits and medications

She's better now though, I should update that topic too

It was looking like I had to put her down

Incombination with that, the court stuff, and my girlfriend going on a break with me, it hasn't been a good few months, y'all

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linid0t
12/18/19 11:03:09 PM
#275:


Heroic Bigpun posted...
My financial situation is not good because one of my cats has been dying and I spent lots of money on a few vet visits and medications

She's better now though, I should update that topic too

It was looking like I had to put her down

Incombination with that, the court stuff, and my girlfriend going on a break with me, it hasn't been a good few months, y'all

Well its definitely a shitty way to close out the decade, but then flipside is that you can start the next one with a somewhat fresh start and possibly new direction
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Drakeryn
12/18/19 11:26:17 PM
#276:


sucks, but at least you did what you could and didn't get a default judgment against you for the full amount

neonreaper posted...
So you saved 500 bucks

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