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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
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Experience:  Retired (mostly)
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California limited civil: Defendant C C lawsuit. Settlement

Resolved Question:

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.

Thanks'
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 11 months ago.
Hello,

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 11 months 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.......

Expert:  socrateaser replied 11 months ago.
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 justanswer.com!
socrateaser, Lawyer
Satisfied Customers: 33878
Experience: Retired (mostly)
socrateaser and 7 other Consumer Protection Law Specialists are ready to help you
Customer: replied 11 months 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?

Expert:  socrateaser replied 11 months ago.
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 11 months ago.

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

Expert:  socrateaser replied 11 months ago.
Alrighty then....
Customer: replied 11 months 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.

Expert:  socrateaser replied 11 months ago.
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 11 months ago.

Ok, Thank you.

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