Getting Closer...

The lawsuit is raining down like hellfire now. Capital One's request for "Summary Judgement" is being presented within the next 2 weeks, along with our Answer. I really can't say for sure which way this cookie is going to crumble. The past few days I have been getting good feelings and good vibes from my attorney, and they even apologized for their first (insulting) response to our settlement offer, but their revised couter to our offer was still $50,000. I guess they thought they were being nice by offering to "split the difference" of the made up money I never really borrowed. I think 50K is still ridiculously too high, so I am rolling the dice. Perhaps we'll come to terms on some lower number, or perhaps it will proceed as scheduled, and it could go one of two ways:

If they are AWARDED summary judgement, then I lose big. All of it. An Open and Shut Case. My lawyer said, however, that "Summary Judgement" is a radical procedure, and not to be taken lightly by the courts. It is unlikely, but of course, always possible.*

If they are NOT awarded summary Judgement, I haven't won a thing, other than the right to fight them (and rack up more attorney bills!). But it WILL show them that it's not a "grand slam" and perhaps it will knock them upside the head that they need to come down a tad on their settlement offers.

It's a big risk, But I really don't see any other way to play it. My Attorney and I are in constant communication, and are considering how best to pursue a settlement discussion before the summary judgement hearing. But let's be realistic... 50K is certainly not realistic. If the Court decides against me, so be it. I will be sunk by the cold machine. But I'm not going to drown myself ahead of time for FEAR of being sunk. Dead is Dead... What's the difference, really?

* Remember, one of the earliest conversations I had with my attorney, he warned me that it is a "higher than you'd imagine" chance that the Judge is already on the payroll of the bank anyway. So argue all you want. You're F$CKED from day one.