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  1. #1
    Join Date
    Mar 2011
    Location
    Oklahoma
    Posts
    4

    Default What Happens After Settlement Negotiations Fail

    My question involves collection proceedings in the State of: Oklahoma

    I was sued by a debt collector last Feb for almost three times the original debt $ 35000. After checking some website for legal help, I was able to write an “Answer and Affirmative Defense” and filed it in court. In my answer I have asked for complete payment history, original agreement, validation and proof of the debt purchase, in addition to debating some of the lawsuit claims.

    The law firm that the debt collector hired to sue me went from some harassment and wanting the full amount, to now trying to settle for $4500. My offer was $2500, and after couple days of give and take they accepted but that they would have to ask their client (debt collector) if what I offered is ok. After couple hours they called and said their client decline the offer, since then I haven’t heard from them.

    Now it has been 2 weeks and they haven’t contacted me, and I keep checking the court docket to see if they have submitted a “Notice for Appearance” i guess that's what it is called, but nothing.

    My question is what do I do now?

    Even though the court clerk told me that after I answered their lawsuit they have to inform me if they want to go to court to solve the matter, it still irks me that it’s up to them when they want to go to court.

    Is there anything I can do to hurry up the process, or ask for the lawsuit to be dropped?

    Any advise will be appreciated

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Happens After Settlement Negotiations Fail

    You appear in court as required, participate in court proceedings, take advantage of any discovery permitted in the court, and defend yourself until the case is actually settled or a judgment is entered (at which time you can consider an appeal, if appropriate).

    Litigation tends to be a protracted process. You have not given us any reason to believe that you have a defense to the charge that you could, for example, use to obtain summary disposition or to convince the plaintiff to drop the case.

  3. #3
    Join Date
    Mar 2011
    Location
    Oklahoma
    Posts
    4

    Default Re: What Happens After Settlement Negotiations Fail

    that is the problem, there is no notice to appear in court, and i am just wondering how much time do they have before they no longer have the right to ask for a court date anymore?

    As i stated they sued, and I have answered, but it has been more than a month without any contact or anything from them or the court.

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