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Question

I recently attended a case management conference with a Debt collection attorney. I believe I have enough proof to show that I was billed additional charges after the account was closed and sent to a collection agency. The amount owed is less than the amount in the complaint. The judge also made it clear to the attorney that unless he has a document with my signiture on it that he would not award court cost. I stated that I would like mediation to determine the amount owed before trial. The judge ordered a mandatory settlement conference and requested that the attorney bring proof; which he stated that he did not have at this time. When I was leaving the court the attorney gave me his card and stated he would like to discuss settlement. How can I encourage him to settle a percentage of this case? Are there some legal hurdles that I could bring to his attention to encourage him to settle for 50-60% of the debt?

Submitted: 18 days and 11 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
I agreed to call the attorney prior to the mandatory settlement. An attorney mentioned to me that if the amount in the complaint is incorrect that presents a problem.

Accepted Answer

First off, it sounds like you have the upper hand, with this attorney unable to prove the debt belongs to you. Moreover, the amount they are asking for is in question, since you have proof to show they are suing for the wrong amount. If the attorney thinks they have a weak case, they are going to be more willing to settle. You can certainly use what the Judge told the attorney to your favor. Shake this attorney up and put pressure on him to produce the note. If he is unable to, you can certainly go forward and try to win the case, thus owing nothing. Another option is to offer a settlement of less then 50% and use the facts already known to your favor. If anything, you may get a counteroffer around 50%-60% which you could settle on.

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Expert: JA Expert
Pos. Feedback: 98.1 %
Accepts: 
Answered: 11/4/2009

Attorney

Experience in misdemeanor and felony cases. General legal.

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