Credit Card Debt Lawsuit (CM2025-02)
- Thread Starter C.M.
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- credit card lawsuit maine
zddoodah
Well-Known Member
I'll say it once again: Although the court may require that the parties engage in alternative dispute resolution, the court does not care about any settlement discussions. You will never have need to present documentation to the court to prove that you tried to settle. Again: settlement communications are inadmissible for just about any purpose.
The court's job is to adjudicate a dispute. If you and the plaintiff don't settle, the court will do its job. Since it sounds like you don't dispute the debt, the court's job will be easy, and a judgment will be entered against you. If a judgment is entered, the plaintiff will be able to seek to enforce the judgment in whatever ways are permitted under Maine law. The primary means by which judgments are enforced against individuals are bank levies and wage garnishments. Based on a quick and cursory search, a judgment debtor's wages in Maine may be garnished for the lesser of 25% of the debtor's "disposable earnings" (basically take-home pay) or 40x the state minimum wage.
Found out again? It is illegal to take adverse employment action against an employee because of a wage garnishment or bankruptcy filing.
"They"? The willingness of Creditors A-X to accept settlement offers has zero relevance to Creditor Z. No one here knows anything about the propensities of your unknown creditor or its unknown attorney. The best way to strengthen your odds is to pay more money - either as part of a reduced lump-sum offer or a proposal to pay over time. If you owe $10,000, then a proposal to pay $10,000 over ten months has a better chance of being accepted than a proposal to pay a single payment of $1,000.
zddoodah
Well-Known Member
An offer to pay 100% of the debt in 3-4 months is a MUCH better deal for the creditor than continuing with a lawsuit that may take a minimum of six months. If you're reasonably certain that it's coming your way, don't hesitate to make the offer.
Redemptionman
Well-Known Member
You can ask them anything you want to, I am really concerned you are over thinking this. Ask to be put on a payment plan and work something out. If that doesn't work then ask for a negotiated settlement that you can pay them for a withdrawal of your claim. No one can tell you what they will take except for the person you are talking to. I would start out at 50-60 percent of the amount which is fair. They probably will want more like 70-80 percent but you will need to determine what they will do and will not do.
This fact is one that is your bargaining chip because even if they win a lawsuit against you, it will just begin the process of collecting the judgement. You appear to be judgement proof although they could force the sale of your car. That would cost them more than the car is worth.
My first step would be to call and speak to plaintiff's attorney and find out if there is any room for a settlement.
UPDATE:
I did as you all suggested, and they agreed to a payment plan that I feel comfortable with being able to make each month, I think the settled amount is around 77% of the original balance. However, I just got the agreement that I need to sign and return to plaintiffs attorneys, and I need to ask if the wording is typical or if they are not honoring as we agreed on the phone.
The body of the page I must sign and return reads as follows:
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It is heareby so ordered that judgement shall be enter in favor of plaintiff and against defendant in the amount of XXXX plus costs. At Plaintiff's request, no statutory pre-judgment or post-judgement interest is awarded.
The clerk is hereby directed to make the following notation on the docket: "Stipulated Judgement for Plaintiff," and to incorporate this judgement into the docket by reference pursuant to M.R.Civ.P. 79(a).
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This page that I must sign appears to be a letter to the courts of 'no contest' on by myself (defendant). When we were on the phone, I expressly said that I wanted them to cease all court action against me and this claim and they said they would notify the courts that "they will seek no further court remedies." for as long as I hold to the payment plan.
Is the wording of their document which I must sign and return in line with our verbal agreement or are they trying to take advantage of me and have me simply tell the court that I do not wish to contest the debt. My expectation was that there would be no judgement entered, that the case would be withdrawn, not that I just sign a letter vs attending court.
So, is that letter "typical/normal" where I enter into a payment plan before my case has even been heard by the court and still direct the court to enter a judgement against me, or are they not holding up their end of the agreement to end the court matter?
I did as you all suggested, and they agreed to a payment plan that I feel comfortable with being able to make each month, I think the settled amount is around 77% of the original balance. However, I just got the agreement that I need to sign and return to plaintiffs attorneys, and I need to ask if the wording is typical or if they are not honoring as we agreed on the phone.
The body of the page I must sign and return reads as follows:
====
It is heareby so ordered that judgement shall be enter in favor of plaintiff and against defendant in the amount of XXXX plus costs. At Plaintiff's request, no statutory pre-judgment or post-judgement interest is awarded.
The clerk is hereby directed to make the following notation on the docket: "Stipulated Judgement for Plaintiff," and to incorporate this judgement into the docket by reference pursuant to M.R.Civ.P. 79(a).
====
This page that I must sign appears to be a letter to the courts of 'no contest' on by myself (defendant). When we were on the phone, I expressly said that I wanted them to cease all court action against me and this claim and they said they would notify the courts that "they will seek no further court remedies." for as long as I hold to the payment plan.
Is the wording of their document which I must sign and return in line with our verbal agreement or are they trying to take advantage of me and have me simply tell the court that I do not wish to contest the debt. My expectation was that there would be no judgement entered, that the case would be withdrawn, not that I just sign a letter vs attending court.
So, is that letter "typical/normal" where I enter into a payment plan before my case has even been heard by the court and still direct the court to enter a judgement against me, or are they not holding up their end of the agreement to end the court matter?
Redemptionman
Well-Known Member
they won't end the court matter till you have sent the final monies for the payment plan you have just agreed to. The document you just read is standard verbiage but they will not end the court stuff till they have the 77% agreed to amount from you for the bad debt. Once that is completed then they will release the judgment against you.
If this is a required document that needs to be file with the courts in the normal process of accepting a settlement then I am fine, but this Friday is my deadline to respond to the original lawsuit, and I do not want to just grant them a court judgement against me if that is not a required part of us entering into the settlement. I was expecting, or more like hoping that entering into a settlement the court matter would just vanish, but this does not feel or read that way in my experience.
Ok, thank you. The letter makes no (well no obvious) mention of that, only that a judgement be entered against me. And what I had read about being awarded a judgement meant they can seek and an all means to obtain the debt. I did not want to grant them anything more than what we agreed to on the phone which was a monthly payment plan with no option to garnish or otherwise collect on the debt other than where I fail to maintain the agreement through timely payments.
Redemptionman
Well-Known Member
Pay what you owe and you magically won't be persecuted for this any longer.
Are you talking about paying the entire amount, or paying the agreed upon settlement amount?
If you are talking about paying the original amount, do you mean to indicate there could be follow-on action or unwanted affects if I only paid the settlement amount?
Redemptionman
Well-Known Member
whatever the settlement you agreed to says, the 77 percent you said they agreed to.
Oh ok, and sorry if these appear obvious to you all, I've just not been here before and don't want to be taken for a ride by them just because I don't understand the process.
You have all been very helpful and clearly very patient. I say this with the sincerest gratitude may we never have need to talk again!
Thank you all and good luck.
Zigner
Well-Known Member
Understand that you will still have a judgment entered against you.
Does the final amount you agreed to pay include costs?
