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re: Good News! Tort Lawsuits Have Been Declining at a Steady Pace

Posted on 7/28/17 at 9:21 am to
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 7/28/17 at 9:21 am to
The two year prescriptive period is going to happen, the defense bar has chosen to die on that hill.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167239 posts
Posted on 7/28/17 at 9:23 am to
quote:

The stress of keeping your minimum wage dudes from breaking the FDCPA and TDCA is significant though.



I can imagine. They actually have other firms that are set up to handle the collection part for buyers and take on all of the liability as well. I have considered doing this and just being the "money man"

Not sure but it's something I really want to pursue.
Posted by boosiebadazz
Member since Feb 2008
80228 posts
Posted on 7/28/17 at 9:25 am to
I'm down with the two year period. I file more to protect than a legitimate dispute.

I just can't imagine the defense bar giving that up without a concession.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422428 posts
Posted on 7/28/17 at 9:26 am to
i like TX where it's 2 years but the substitution/amending procedures are limited. what's insane are the states with 3 years

the frick are you doing for 3 years?
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 7/28/17 at 9:26 am to
quote:

buy debt on the secondary market to collect on. Just haven't had time.



If you can get the volume at the right price its very profitable.
Some institutions are insured for bad debt up to a point, they sell their paper for nickels on the dollar. Those accounts are competitive.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422428 posts
Posted on 7/28/17 at 9:27 am to
quote:

They actually have other firms that are set up to handle the collection part for buyers and take on all of the liability as well. I have considered doing this and just being the "money man"

when i bought and read all those books a few months ago, this was going to be my advice

LA doesn't exactly have the best group of workers to rely on for such high stakes if they frick up. you're likely going to have to pay decent $ and that increase likely would be about even to those firms's costs
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 7/28/17 at 9:28 am to
quote:

the frick are you doing for 3 years?




losing.money
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422428 posts
Posted on 7/28/17 at 9:37 am to
what's the temperature on removing the direct action statute? i can see both sides of the argument (as i've worked on a bunch of TX cases and TX lacks this law). i do think the plaintiff bar fears jury trials where they can't tell the jury they're going after the insurance money and not the defendnat's personal money
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 7/28/17 at 9:37 am to
Also despite this fact, health insurance costs are plummeting........ hmmm almost as if those lawsuits never really moved the cost of health insurance after all.
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 7/28/17 at 9:58 am to
quote:

direct action statute


Two tribes, I dont see enough support to get rid of it.
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 7/28/17 at 10:02 am to
quote:

hmmm almost as if those lawsuits never really moved the cost of health insurance after all.


Yeah.

What "tort reform" means is not protection from frivolous lawsuits, its the legitimate suits that get carriers into their reserves. They dont like those.
Posted by Motorboat
At the camp
Member since Oct 2007
22681 posts
Posted on 7/28/17 at 10:54 am to
quote:

Drop the jury threshold to $20,000 in exchange for a 2 years prescriptive period. That's probably more punitive to the Plaintiffs' bar than extending prescription is to the defense bar, but the $50,000 threshold is too high.


totally agree. and I am plaintiff's bar.
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