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My only hesitation about a phone call is that I would not have anything to show the court about my efforts to resolve the matter. I feel like you are telling me that the court is less interested in my willingness to address the debt, than they may be to ordering a garnishment or something.
For my profession, that would be a disaster, and if I was forced to file for bankruptcy and my employer found out again, I could lose my career of some 25+yrs.
How often do they typically accept a settlement offer, like 99% of the time, 50% of the time, worse that that even; and what is the best way to strengthen my odds?
I do get my bonus in about 3-4 months' time and would be able to pay it in full then, but I don't have any delusions that they might wait for that.
How often do they typically accept a settlement offer, like 99% of the time, 50% of the time, worse that that even; and what is the best way to strengthen my odds?
Is there any key words or phrases that demonstrates that I am serious and fully committed to repaying this, likewise on the flip side is there anything I should avoid saying.
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.I have no assets other than 1 8yo car, I rent my home and have not significant savings.
My first step would be to call and speak to plaintiff's attorney and find out if there is any room for a settlement.If you want to settle, that's between you and the plaintiff's attorney.
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?
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.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.
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.
Are you talking about paying the entire amount, or paying the agreed upon settlement amount?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?
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.whatever the settlement you agreed to says, the 77 percent you said they agreed to.
Does the final amount you agreed to pay include costs?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.