We can't really give you any advice without seeing a redacted version of the agreement.
I am completely confused by this post. Are they agreeing to walk away from the dispute, or are they asking you to agree to pay some money?
So, due to health issues/hospitalizations, I've not followed up on this as rapidly as I should've.
I have not heard back from PRA after responding to them stating I would agree to a mutual dismissal of claims with prejudice in response to their request.
Do I have to give them warning of any kind before filing my JAMS Mediation claim? I didn't file before because I thought they were going to dismiss based on their reaching out to me.
Should I email them and give them a deadline for dismissal or just file my JAMS claim? Thank you.
@Xtreme98, the way I read it, I believe the Plaintiff is saying they filed and sent you the initial complaint on 6/24/2019. Their MSJ is clearly trying to say that you had 30 days to answer the complaint, but did not -- in other words answered by 7/24 to 7/28, taking mailing into account.
Can you confirm that you received their ORIGINAL complaint a short time after 6/24/19?
Here's what I will look into: In a worst-case scenario, let's say you did file an answer well past 30 days late. Instead of an MSJ, they ANSWERED with their own set of 'admissions' and 'interrogatories,' which you answered and filed on 9/11/19. In fact, you answered them SO well, they know their only avenue is to go backwards and say you should have answered the complaint by end of July or so. That's their argument.
We need to find out if the Plaintiff replying to your supposed "late" answers, defeats their claim that you responded too late to begin with. It seems to me the Plaintiff would have sent this MSJ at end of July or later. Instead, they sent admission requests and interogs, thereby continuing the case.
So, back to you. Can you show proof that you received their original complaint in Sept or Oct, instead of end of June??
I am the original poster. I received a "settlement and release" agreement offer from the lawyer on friday. i am wondering if there is anything that should really be in there. it says that if i sign it they will "dismiss the case with prejudice". there was no request for any dollar amount. my question is. what are next steps? is there anything i should request to be put in? like no attorneys fees or to remove it from my credit report? also, do i need to ask them to file a stipulation of discontinuance? thank yoU!
@Brotherskeeper Thank you very much. You cleared up a lot of that for me. I've read MikeB35's thread a few times and seem to need to re-read as I might've missed that since it did not affect my case at that time. I am busy all day today but should have time tomorrow to get my rough draft typed up and posted here. I can't thank you enough for the help so far!