Negotiating a Settlement

[scottpauldrake]

I received a SUMMONS AND COMPLAINT from Capital One Bank. I then sent a letter with both Answers to the Complaint as well as Affirmative Defenses, basically stating that the Exhibit #1 which was attached was NOT a signed contract which included my signature on it and, too, that it (Exhibit #1) did NOT show a sum of $1371.70 (the amount the Complaint said I owed). I went to the PRETRIAL and the first thing I noticed was that the attorney representing the Plaintiff (the Plaintiff representing Capital One Bank, the one working for a firm two hours south of where I live in Michigan, the one indicated on the NOTICE OF PRETRIAL letter) did not show. The judge asked the attorney representing the Plaintiff if he wanted 90-days Discovery and he said “yes” because my Affirmative Defenses (I am assuming) where “baseless” (his exact word). Then the judge asked me if I wanted 90-days Discovery and I, too, said “yes”. The judge set a trial date. Then the attorney representing the Plaintiff and me both signed a document confirming the aforesaid. That was that.

I received the trial date.

Then I contacted a lawyer who told me I should submit a “Request for Production of Documents” letter, which I did and I am still waiting for said documents.

I have since inquired about negotiating a settlement. My original credit line was $750 and my currant balance is $1448.20. The attorney representing the Plaintiff says that I have to either pay 85% ($1230.97) “by law” or 50% in the case of “documented hardship”, which I cannot provide. The negotiated payment could be either a lump sum or an X-amount per month payment plan for no more than 2-years.

Here are my questions: Does that amount seem fair? Can I counter their offer? What should I do? I really do not want to get slammed by the judge at the trial.

Thank you for your time.

[Mr. Knowitall]

Did you file a proof of service for the "letter" you sent? Did the lawyer help you draft it, or give you something to use as a model, such that the "letter" is in proper form for a request for production? If they don't answer within the time frame set forth in the court rules you may bring a motion to compel.

The plaintiff does not have to settle at all. If you don't like what they're proposing, you can try negotiating for a lower figure or take your chances at trial.

[scottpauldrake]

Yes, I filed a proof of service for the letter I drafted and sent. The lawyer did in fact help me with the letter, both its wording as well as its form. I guess I will mull over my options. Thanks for your input.