• November 23, 2011

One of the most effective and pervasive defenses in an enormous amount of civil litigation is to simply have no money.  Therefore, one common strategy for defendants who have money is to say they have no money.  This is not a particularly sophisticated strategy, but it can be effective.  

One might speculate that this is how Denise and Jay Petsche were able to bargain with EMC Mortgage and its debt collection counsel and agent, Gurstel Chargo down from a debt of over $33,000 to a $4,000 settlement.

Late in the game, however, GC sniffed out some lettuce in the Petsches’ bank account.  Too late, U.S. District Court Judge John R. Tunheim (D. Minn.) ruled last week.  

From the defendants’ perspective, they probably feel like wascally wabbits got away this time around.

The Petsches, it would seem, have something to be thankful about this week thanks to their counsel, John Hamer.

Surely the rest of us do too. WISHING ALL READERS A HAPPY THANKSGIVING FROM MINNESOTA LITIGATOR!

FYI, no more posts until after the holiday break.

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