What Does One Say In Mediation
After the pre-hearing, both parties will be sent to mediation to discuss potential settlements. The first question to ask is, "What is the settlement offer?" A lawyer will usually reply back with a negative answer. So sit down, ask them for their name, contact information and BAR identification, etc. Let them know (even as the defendant) that one will be coming after them personally because "Notice to Principal is Notice Agent & Notice to Agent is Notice to Principal". Which basically means, because that person works for the debt-collector or bank, they are legally attached to the matter as well.
The rest of the time spent in the mediation room, one can simply keep asking questions, like:
Who currently holds the debt note? Then can this be shown to me?
Where is the original contract with my signature?
Are you a debt collection agency?
How did the company obtain this debt note?
Does your client realize I am indigent?
What do they hope to accomplish from this if I have no money to claim?
Are they willing to remove this from my credit report permanently, from all 3 credit bureaus?
If you continue as the agent for the principal, are you willing to risk any personal assets (home, car, money, etc.)?
If the settlement offer included an agreement to never sue the company again, do not agree. Simply state that the lawsuit will be removed WITH PREJUDICE as long as they agree to get the derogatory mark off the credit reports and remove the record from the bank too.
DO NOT SIGN ANYTHING when first getting it! Tell them it will take time to review it the paperwork. Take it home, look over it. Heck! Take it down to the free legal council area in the courthouse (or schedule a time if necessary) and have another lawyer look over it. Make sure they aren't trying to 'pull a fast one' with a bad contract. Once sure, sign it and send it off.
NOTE: If one doesn't like the terms of their agreement, open up a Word Processor and type up the changes one is willing to accept. Sign it and send it off. Most times lawyers don't read settlement offers (that they think they made) and just file the paperwork when received.
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