How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37696
Experience:  Retired (mostly)
Type Your Consumer Protection Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

California limited civil: Defendant C C lawsuit. Settlement

This answer was rated:

California limited civil: Defendant C C lawsuit. Settlement agreement: She has stated that upon account being paid in full she will notify the 3 major credit reporting agencies of paid in full status. They will also dismiss the case with prejudice. Along with the following:

Please be advised that our acceptance of this settlement arrangement is strictly contingent upon you making your payment by the required due date and payment of the total settlement amount. If you fail to fulfill the terms of this settlement arrangement, full principal may be reinstated and interest or other charges may be retroactively applied to your account balance and/or continue to accrue on this account until the account is satisfied. Upon default, the total balance due may be greater than the balance that is reflected in this letter. Moreover, we may review your account for possible continuation of applicable collection activity as allowed by state law.

By entering in to this settlement agreement & making your payment, you are acknowledging the existence, justness, & amount of this claim.

Upon payment in full of the settlement amount, you & your heirs will be considered released from all causes of action & claims we have in connection with the account described in this letter. Similarly, by entering into this settlement agreement, you are releasing us (including are related companies) from all causes of actions & claims, known or unknown, you may have in connection with this account.

Please advise as best as possible.


You seem to have asked this question previously. Are you looking for a second opinion? What specific concerns do you have about the settlement offer?
Customer: replied 2 years ago.

Ok, I was advised earlier that I should make sure of a (mutual release of claim of known or unknown arising from the transactions related to or arising out of the Complaint.
Also: "Attorneys fees clause" for enforcement of the settlement agreement. The agreement seems pretty straight forward. My concern is if they do not truly own the assignment I do not want the next guy coming after me.......

If I were representing you, I would want a release stating that you were always paid in full and timely paid on the account, and that any negative entries made to your credit reports were clerical errors -- and that upon the full payment of the settlement, the plaintiff will (1) dismiss the claim with prejudice, and (2) delete all negative entries concerning your account from your credit report.

Please let me know if my answer is helpful and if I can further assist.

And, thanks for using!
socrateaser, Lawyer
Satisfied Customers: 37696
Experience: Retired (mostly)
socrateaser and 2 other Consumer Protection Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok, other than what you just stated, the agreement seems ok to you?

I know you are limited in answering, if you can just answer in a hypothetical.





Hello are you still there?

Actually, I'm not real fond of any of the language. The language you have presented is not really a release. It's extremely one sided, and not at all like what I would be willing to permit a client to sign.

But, I don't know your circumstances, or the amount of the claim, the likelihood of the plaintiff winning, etc. So, I can't really comment intelligently.

If you want to see what a reasonably well-drafted release agreement looks like, here's a sample.

Hope this helps.
Customer: replied 2 years ago.

Allow me to read then I will respond to your answer.

Alrighty then....
Customer: replied 2 years ago.

Ok, I read & that's pretty lengthy for my situation or maybe not.

Brief explanation:


Collection agency w/in house counsel filed a Complaint for "Account Stated" in the amount of $2,249.89 limited civil.


Trial is at the end of this week and in compliance of the local rules I called the Plaintiff for a meet & confer as required before I filed my Motion in limine and we also discussed her brief that she/counsel filed, I refuted most of what she had in her brief with excellent case law that I had compiled, I also basically had her against the wall in regards XXXXX XXXXX discovery she sent me. That's when we discussed my prior settlement offer of $300.00 and she reluctantly accepted.

If it's only $300, then as long as (1) the agreement states that upon payment of the $300, the plaintiff will dismiss the case with prejudice; (2) that you are released from all further liability concerning any issues between you and the plaintiff which arose prior to the date of the entry of judgment in this matter, and (3), the parties waive their respective rights to the protection of Civil Code 1542, then while I would like to see the plaintiff also concede that the negative credit report entries were clerical errors, that's really all you would need.

Hope this helps.
Customer: replied 2 years ago.

Ok, Thank you.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Infolawyer



    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
< Last | Next >
  • Infolawyer's Avatar



    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • Tina's Avatar



    Satisfied Customers:

    17 years legal experience including consumer protection law.
  • Barrister's Avatar



    Satisfied Customers:

    Attorney with 15 years experience in various consumer protection areas
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16+ yrs. of legal experience.
  • Andrea, Esq.'s Avatar

    Andrea, Esq.


    Satisfied Customers:

    25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
  • LADY LAWYER's Avatar



    Satisfied Customers:

    Consumer Lawyer

Related Consumer Protection Law Questions