How to arbitrate/settle a pending suit?

[mtGuy82]

What is the name of your state (only U.S. law)? Montana

Quick preface: Last year I signed my spouse & I up with a local health club. After a number of months, we decided we were dissatisfied & contacted them to discontinue the membership. However, I had signed a contract for 1 year and they were unwilling to let me cancel.

A few months ago the account was passed to a collection agency. I did not make a request for debt validation within 30 days, and then failed to make payments on the balance.

Early in December I was served with a court summons filed by the collection agency attorney:

1) Plaintiff is the owner of this claim(s) by reason of assignment from: HEALTH CLUB NAME, $xxx.xx PRINCIPAL, $xx.xx INTEREST

2) That the Defendant(s) is indebted to Plaintiff in the amount of $ xxx.xx, plus accruing interest, and all costs herein which include the filing fee ($xx.xx) and the service fee ( [none specified] ).

3) That the above amount is past due and Defendant(s) has failed to pay.

I filed my response as follows:

1) Admit.
2) Denied: The Defendant is presently without knowledge or information sufficient to form a belief as to the truth of Allegation #2, and objects to it on the grounds that it is vague in that The Defendant has to speculate as to how the alleged debt of $xxx.xx plus accruing interest and costs/fees has been calculated.
3) Denied: This request calls for admission of matter The Defendant has denied and thus it is improper.

AS AND FOR AFFIRMATIVE DEFENSES

1) The Plaintiff has not proven the amount of the debt is accurate. The Plaintiff must prove that the principal, interest, and all costs/fees are all correct, agreed to in a contract, and lawfully charged. The Defendant also insists that the Plaintiff produce the contract, account statements and purchase receipts to prove the amount of the debt.

WHEREFORE, the defendant asks the Court for judgment:
A) Dismissing the complaint herein with prejudice.

Now that this has been done, I would like to proceed with negotiating a settlement outside of court: For instance, I would sign a Promissory Note stating that I would pay for the verified amount of the debt, plus interest, plus filing/attorney fees by monthly installment.

I am unsure of whether to contact the attorney for the plaintiff or the plaintiff themselves, however.

What would be the best way to proceed with negotiating this, and will I need to use a certain form(s) or specific legal verbiage in order to do so?

Any thoughts / insights / criticisms would be greatly appreciated - Many genuine thanks to any & all who take the time to respond!

 

[Zigner]

You owe the money. You KNOW you owe the money. You ADMIT you know the money (by admitting to #1). Your best bet in negotiation would be to offer payment for what you owe...because you're going to lose in court.

 

[mtGuy82]

You ADMIT you know the money (by admitting to #1).

Am I incorrect in my understanding that I admitted only the plaintiff is who they say they are, and that the plaintiff has been assigned the principle & interest amounts? :-(

 

[Zigner]

Am I incorrect in my understanding that I admitted only the plaintiff is who they say they are, and that the plaintiff has been assigned the principle & interest amounts? :-(

Ok, let's read it the way you did and say you are correct.

You're "affirmative defense" is not a defense at all. The plaintiff will prove the amount owed in court. You are not going to get a dismissal and all you are doing is prolonging the time that interest has to build.

Again, you KNOW you owe the debt. Pay it and free up the courts for people with genuine need.

 

[Dillon]

its my understanding, when the debt collector bought the debt it became discharged / payed.

the debt collector bought the debt and you are not obligated by the firms voluntary contract.

in law he who volunteer's cant claim a damage

Statements of counsel in brief or in argument are not sufficient for motion to dismiss or for summary judgment, Trinsey v. Pagliaro

plaintiff's attorney cant testify to facts before a court.

so i would do a Void Judgments

Black's Law Dictionary,6th Edition,
defines a void judgment as follows: "Void Judgment. One which has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally."


A void judgment comes into being when there is not sufficency of pleading to fully establish the court having subject matter jurisdiction. In other words, neither party has firmly set that the court has juridiction in the matter.

What this means to you is that practically all "debt judgments" handed down by the courts are in fact void judgments. They can be vacated (made to disappear).

It's not that hard, a little research, a little typing, paying a nominal court filing fee, and sit back and wait. Not much to it, is there?

The results you can produce are unbelievable, and you just didn't know you had the power to shake up this predatory industry, did you?

The debt collection industry collects billions of dollars from those who are unable to protect themselves and do it using void judgments. What a racket that is!

Now's the time to step up to the plate and get that void judgment vacated, disappeared. It's not hard, there's no pain, and frequently there is not a court appearance. (It would not be wise to count on "no" court appearance, you should always plan and prepare for it.) Neat, huh?

It's up to you, keep paying, or make them pay. Your choice!!

Oh, and a vacated judgment must, again must, be removed from your credit record.