Debt collector wants to end the game early - Page 2

AndyJackson · #11 10-11-2003, 05:35 PM

My reason for issuing a counteroffer was because I really had nothing to lose.

If they refuse, I go back to court with a motion for summary judgment.& The court can only decide in my favor since the plaintiff was in clear violation of state law.

Judgment would be granted to me and then I would have to try to collect what the court awarded me as far as fees and such.

By issuing the counter offer, I'm attempting to get my expenses reimbursed without having to get the court to decided this for me.& This way I definitely get a check instead of a piece of paper stating I've been awarded a judgment against such and such company and then having to track down their assets or file a foreign judgment with the court in the county they are domiciled in.

It really feels great being in a win win situation.I have to tell ya;-)

I'd love to be a fly on the wall when their attorney opens that counteroffer letter on tuesday, heheh.

AndyJackson · #12 10-11-2003, 05:35 PM

My reason for issuing a counteroffer was because I really had nothing to lose.

If they refuse, I go back to court with a motion for summary judgment.& The court can only decide in my favor since the plaintiff was in clear violation of state law.

Judgment would be granted to me and then I would have to try to collect what the court awarded me as far as fees and such.

By issuing the counter offer, I'm attempting to get my expenses reimbursed without having to get the court to decided this for me.& This way I definitely get a check instead of a piece of paper stating I've been awarded a judgment against such and such company and then having to track down their assets or file a foreign judgment with the court in the county they are domiciled in.

It really feels great being in a win win situation.I have to tell ya;-)

I'd love to be a fly on the wall when their attorney opens that counteroffer letter on tuesday, heheh.

suijuris · #13 10-11-2003, 05:59 PM

Yes, many times I would live nothing more to be a bug

suijuris · #14 10-11-2003, 05:59 PM

Yes, many times I would live nothing more to be a bug

Jerseee · #15 10-12-2003, 12:00 AM

Good show Andy!& Can't wait to read the outcome of this!& Also, Seeklight had a good point.

Jerseee · #16 10-12-2003, 12:00 AM

Good show Andy!& Can't wait to read the outcome of this!& Also, Seeklight had a good point.

Ice · #17 10-12-2003, 12:05 AM

Andy J.,

With your permission I think I'd like to shorten your name to "AJ"... it sure would be a lot easier on the fingers!

You did your research and found exactly what you needed... and I'll bet that there are more loopholes than we could imagine.& You've done a good job.

But I have a question for you.& What was the reason for stating in the letter to the opposing attorney what you have discovered?& If you think about it, you could have just made the counter offer... and let them think that you had something without telling them what it is that you have.& Not only that, but you could have asked for 3 or 4 times as much as you did... and they would have really been thinking "what does this guy have up his sleeve?"

What I am suggesting is that you may have been able to "fake them out".& There might be something even more devastating to them that you haven't found yet.& And, if they thought that you know what that is... well, they'd be best off to take your counter offer than to suffer whatever could be bothering them so much that they would make the offer to end this in the first place.

By telling them what you've found, you have allowed your adversary into your mind.& Generals do not allow their opponents to know their next move in Battle.& Neither, I think, should we.& Now, it may be that with your letter, and divulging your "strategy" to your opponent, they may be able to overcome your "strategy".& Okay, let us say that in this particular situation THEY CANNOT overcome... but what about&the next guy?... or another situation?

I would like to suggest to the members to pick up a copy of "The Art of War" by Sun tzu.& You can find it at Barnes & Noble Books.& This may be of great assistance to you when engaged in these battles that we face.

Never let your opponent know you ... or your capabilities ... or your strategy.

Quick example:& In initiating a suit, seeking "Jury", your opponent prepares for a Jury trial... which strategy is going to be to sway the emotions of the Jury.& Since you requested the jury... you can do away with the jury... so at the last minute you do away with the jury... and all that preparation your opponent has done is worthless.& The judge makes his decision based on the appearance of truth... an "emotional" argument will not sway him.& This gives you the upper hand... does it not?

Never let your opponent know you.

&

Ice · #18 10-12-2003, 12:05 AM

Andy J.,

With your permission I think I'd like to shorten your name to "AJ"... it sure would be a lot easier on the fingers!

You did your research and found exactly what you needed... and I'll bet that there are more loopholes than we could imagine.& You've done a good job.

But I have a question for you.& What was the reason for stating in the letter to the opposing attorney what you have discovered?& If you think about it, you could have just made the counter offer... and let them think that you had something without telling them what it is that you have.& Not only that, but you could have asked for 3 or 4 times as much as you did... and they would have really been thinking "what does this guy have up his sleeve?"

What I am suggesting is that you may have been able to "fake them out".& There might be something even more devastating to them that you haven't found yet.& And, if they thought that you know what that is... well, they'd be best off to take your counter offer than to suffer whatever could be bothering them so much that they would make the offer to end this in the first place.

By telling them what you've found, you have allowed your adversary into your mind.& Generals do not allow their opponents to know their next move in Battle.& Neither, I think, should we.& Now, it may be that with your letter, and divulging your "strategy" to your opponent, they may be able to overcome your "strategy".& Okay, let us say that in this particular situation THEY CANNOT overcome... but what about&the next guy?... or another situation?

I would like to suggest to the members to pick up a copy of "The Art of War" by Sun tzu.& You can find it at Barnes & Noble Books.& This may be of great assistance to you when engaged in these battles that we face.

Never let your opponent know you ... or your capabilities ... or your strategy.

Quick example:& In initiating a suit, seeking "Jury", your opponent prepares for a Jury trial... which strategy is going to be to sway the emotions of the Jury.& Since you requested the jury... you can do away with the jury... so at the last minute you do away with the jury... and all that preparation your opponent has done is worthless.& The judge makes his decision based on the appearance of truth... an "emotional" argument will not sway him.& This gives you the upper hand... does it not?

Never let your opponent know you.

&

AndyJackson · #19 10-12-2003, 03:48 PM

LOL Ice!

Shorten away...

I actually registered it that way initially but this system wouldn't allow me to post anything with a 2 letter name.& SuiJuris helped me get that corrected by changing the name length.

As for your suggestions and ideas here about the letter of counteroffer... I completely agree with you.& I suppose, at this point in time, I really want this behind me.& I have bigger fish (I mean judges, prosecuting attorney, law enforcement office) to fry;-)& I have a traffic case that I will be working on that is much more complicated than this and you sort of have to choose your battles.& My intention was never to put them out of business.& I don't think I could have done that with my level of expertise.& I did want to make sure I have something in hip pocket national bank though for my troubles.& As it is, I will have paid for a vast educational research source&from a website that I've previously&mentioned here... with some left over to cover the cost of registering that unregistered entity's name myself, uh, I mean, for the 3rd party that did it;-)

All along, I've treated this not really as a lawsuit being initiated against me personally but as an educational experience.& I've purposefully put myself in a situation where "win or lose" the lawsuit would have no effect on me financially.& Making sure your assets aren't an issue is the first thing I think everyone needs to attend to before even considering getting involved in a lawsuit.& If&they can't take anything because you don't own anything... what good does a judgement against you do?& Its just a piece of paper... worthless.

AndyJackson · #20 10-12-2003, 03:48 PM

LOL Ice!

Shorten away...

I actually registered it that way initially but this system wouldn't allow me to post anything with a 2 letter name.& SuiJuris helped me get that corrected by changing the name length.

As for your suggestions and ideas here about the letter of counteroffer... I completely agree with you.& I suppose, at this point in time, I really want this behind me.& I have bigger fish (I mean judges, prosecuting attorney, law enforcement office) to fry;-)& I have a traffic case that I will be working on that is much more complicated than this and you sort of have to choose your battles.& My intention was never to put them out of business.& I don't think I could have done that with my level of expertise.& I did want to make sure I have something in hip pocket national bank though for my troubles.& As it is, I will have paid for a vast educational research source&from a website that I've previously&mentioned here... with some left over to cover the cost of registering that unregistered entity's name myself, uh, I mean, for the 3rd party that did it;-)

All along, I've treated this not really as a lawsuit being initiated against me personally but as an educational experience.& I've purposefully put myself in a situation where "win or lose" the lawsuit would have no effect on me financially.& Making sure your assets aren't an issue is the first thing I think everyone needs to attend to before even considering getting involved in a lawsuit.& If&they can't take anything because you don't own anything... what good does a judgement against you do?& Its just a piece of paper... worthless.