I say no!!! I don't want to freaking settle....
Date: Tue, 07/07/2009 - 14:04
Had my first trial hearing today. I basically demanded the plaintiff to produce documents by sending the Demand for Documents and Information (asking the plaintiff to produce proofs) via certified mail. He has the nerve to claim he never received it. Even the judge poked fun at him saying you can claim you never receive the mail when it was send certified. At the beginning of the hearing I motioned the judge to dismiss the case with prejudice due to lack of evidence. I threw in when the lawsuit was originally filed by the plaintiff, 3 years ago. :) The judge said that he can't dismiss the case yet. So, he gave the plaintiff another month to produce documents. The judge would personally see to it that the plaintiff would produce documents.
The plaintiff asked for more time. This was when the judge got pissed at the plaintiff because the plaintiff has 3 years to produce documents. Hmmm....yet he is asking for more time because he said that the judgment was vacated recently. LOL You see why the judge got really upset here. The judge concluded that the plaintiff never had enough evidence to enter a judgment against me 3 years ago. The judge looked at him and said the case will get dismissed if he couldn't produce documents the week before the next court day. I told the judge that the plaintiff is wasting the court's resources by asking for more time. He said it was ok. If this punk couldn't produce any documents in 3 years, he won't be able to do so in the next month. When we were outside he asked me if I wanted to settle. Is he really that slow?
Before I headed to the local court for more free legal advises, why do you think the plaintiff needs more time? So that he could sell the debts to another CA? Or he could try to file for a summary judgment, that's what he mentioned it. The judge told him that he would see to it all the motions must go through him.
When he asked if you wanted to settle, my response would have be
When he asked if you wanted to settle, my response would have been "OK, you pay me $5000 and dismiss with Prejudice and we can tell the Judge we settled. Otherwise I'll see you back in Court in a month, with one pissed off Judge."
While you have time have you pressed a counter-suit against the
While you have time have you pressed a counter-suit against the collector? If they have no evidence to make this case legitimate then it was frivolous from the get go and you can recover what damages they were coming after you for not to mention pain and suffering. One more note though, if you do win in a counter-suit be sure to file a complaint with the Bar association to have this lawyer and anyone connected to the case possibly disbarred from being a lawyer again.
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Counter-suit??? Yes, let me put some thoughts into it. thanks.
Counter-suit??? Yes, let me put some thoughts into it. thanks.:)