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Plaintiff filed Request to Vacate Judgement: is it over?

Date: Sat, 03/21/2009 - 12:03

Submitted by smemmer
on Sat, 03/21/2009 - 12:03

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Total Replies: 4


Hi, I filed a Motion to Set Aside a Default and the Plaintiff (Unifund) has apparently thrown in the towel, filing a Request to Vacate Judgement. I will be attending a hearing next Wed. Should I assume that they will be in attendance at the hearing, or does this action of theirs likely mean they are going to disappear and drop the case? I assume they're trying to show the court what nice guys they and then negotiate a settlement with me. Your thoughts?

Thank you very much.


Whatever you do, don't assume anything. Show up at the hearing just to make sure everything is being handled properly. You never know what plaintiff is up to. Did you agree to a settlement of the debt with the plaintiff? I can think of no other reason why plaintiff would want to file a request to vacate judgment.


lrhall41

Submitted by IPoured on Sat, 03/21/2009 - 21:55

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I offered the plaintiff a settlement via email for $6500 in October. After I filed my motion, they emailed me FOUR MONTHS later and told me their client had accepted the offer. I told them that offer had been pulled off the table long ago. Also, I had reoffered 5 K to which they never responded. So you think they're going to try to hold me to that offer?


lrhall41

Submitted by on Sun, 03/22/2009 - 07:36

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If I had to guess, probably yes. How did the offer get pulled off the table? Some kind of written stipulation along with the offer? Tell the judge that you feel the plaintiff waited to long in accepting the offer (4 months). I think your in a position to start all over in court with negotiations. Just my guess.


lrhall41

Submitted by IPoured on Sun, 03/22/2009 - 11:51

( Posts: 223 | Credits: )


I agree with you, but I'm being very cautious with these scumbags. They've treated me like shit for months. I believe they may also be trying to impress the judge with their good will, which is B.S. I'm going in armed to the teeth. I found a ton of research on the debt buying business, showing that their average rate of return is about 16%. Also, I found an interview with the CEO of Unifund stating that they average about 20%. Oh, also, on that old offer, I told the opposing attorney that the offer was off the table as soon as they rejected it. He agreed and told me that was the way it worked. I'll swear to that under oath, vehemently and truthfully. They may not even show up. If they do, I'm just pushing for a trial date. Thank you so much. Scott.


lrhall41

Submitted by on Sun, 03/22/2009 - 17:01

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