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BadWolf

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  1. @BV80 @Anon Amos There are a few things I might like tweaked and asked the Plaintiff's lawyer about so we'll see. But it does seem like a decent deal overall. I just like to read and reread to make sure I know what I'm getting into. For some reason, I'm being more cautious this time around ; ) And BV80, I didn't think you expected me to hire one, though I'd love to be able to afford an awesome lawyer. Friendly lawyer advice is greatly appreciated though, so I'm working on that one. I'll definitely be checking up to see that it's actually dismissed on the court records come the time. Thank you all again and keep it coming - stay tuned!
  2. @Anon Amos thank you for the clarification. I was a little concerned about what bv80 was saying that by signing, I'd give up rights to fight future cases with the same debt if they were to transfer or sell ( though that would be silly, it's quite possible). I guess it's more about not being able to sue them for money in the future.
  3. @Anon Amos. Sorry, that should be 'dismissed' and not demised. Does that change your reply? I'm not clear what you're telling me. Could you oversimplify for the tired brain? It seems they are saying that they wouldn't resell or transfer. why not accept according to that?
  4. @BV80 Thank you for that insight. Ah, that's a little tricky. Perhaps I can ask them to amend the agreement to avoid such an instance? But I'm not sure exactly what I'd ask. I do not have a lawyer to talk to that I can afford, unfortunately. I spoke to one that I liked, and then couldn't get the funds.
  5. ( a ) Each party unconditionally releases and discharges the other party, and such other party’s past and present divisions , affiliates, subsidiaries, parent companies, officers, directors, members, managers, employees , agents , representatives, attorneys, predecessors in interest, successors in interest , assigns, in their individual and representative capacities (collectively , the “Released Parties ” ), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, causes of action, rights, costs, losses, debts and expenses of any nature whatsoever ( collectively, the “Claims ”), known or unknown, which such party or their heirs, executors, administrators, successors and assigns ever had, now have or may in the future have by any reason of any matter, fact or cause arising out of any evens concerning the debt described on Exhibit A ( the “Debt”), the collection of the Debt , the credit reporting of the Debt, or any related matter, including Claims brought or which could have been brought in litigation. ( b ) Each party acknowledges and agrees that his Release is a final and general release. This Release specifically includes and applies to any and all Claims, whether or not any party now knows of or suspects the existence of them and whether or not they are specifically described in this Release. Plaintiff , though its counsel Lawyer Group ( hereinafter “Counsel” ), will cause any litigation that is filed regarding the Debt to be demised with prejudice. Plaintiff hereby represents that it will not effectuate any further transfer , assignment, sale, trading , reaging, renaming, renumbering or any other conveyance of or activity relation to the Account. Defendant will cause any litigation, charge, claim, suit action or proceeding against Plaintiff or any of the Released Parties to be dismissed with prejudice . Defendant will not bring, or authorize any attorney to bring , any charges, claims, suits, actions or other proceedings against Plaintiff or any Released Party arising out of any events concerning the Debt or any related matter. The parties acknowledge that this Release does not constitute an admission by any party or any Released Party of any ( a) liability, ( b )violationof any federal, state or local statute, law, regulation, order or other requirement of law ; (c ) breach o f contract, actual or implied ; (d) commission of any tort; or € other civil wrong. After receipt of a fully executed copy of the Agreement and receipt of a fully executed Stipulated Motion to Dismiss with Prejudice, Plaintiff will request that the national credit reporting agencies ( the “ Credit Bureaus”) to which it reports delete Plaintiff’s reporting of the tradeline(s) associated with the account. The request will be submitted via a “Universal Data Form.” Defendant agrees that the Plaintiff’s sole obligation shall be to submit the request to remove its reporting of the trade Line(s) associated with the JDB Account. Defendant acknowledges that the Credit Bureaus are separate entities from Plaintiff. Accordingly, Defendant acknowledges that the Plaintiff cannot guarantee, warrant, or take responsibility for the performance of the Credit Bureaus with respect to changing, deleting, suppressing, or making entries regarding any credit information or other information regarding Defendant or the JDB Account. Defendant represents that he / she understands the limitations on Plaintiff in this regard, and any action, omission and/or error by the Credit Bureaus shall not be attributable to Plaintiff and shall not constitute a breach of the . Defendant acknowledges that the Credit Bureaus processes for acting on Plaintiff’s request may take up to 120 days to be completed, and that the Plaintiff shall not have any obligation to follow up with the Credit Bureaus to ensure deletion. Provided that the Plaintiff has requested deletion of the reporting of its tradeline(s) associated with the JDB Account, Defendant hereby waives any and all claims, whether arising in contract or tort, common law or statute and/or federal or state law (including, but not limited to claims for any damages, attorney’s fees and/or costs) against Plaintiff that may arise subsequent to the date of the Agreement or which arise out of or relate to action to be taken by Plaintiff pursuant to this provision. It is understood and agreed by the parties that the Release under this agreement reflects settlement of disputed legal claims and does not represent a discharge of indebtedness. Consequently, Plaintiff agrees that it need not and will not report this transaction as resulting in any income to Defendant to any taxing authority, including the Internal Revenue Service. This Release shall not be construed with a presumption against the party causing this Release to be drafted. The parties shall be entitled to an award of attorneys’ fees in any action commenced to enforce this Release or any provision therein. If one or mor provisions of this Release shall be rules unenforceable or void, Plaintiff may enforce the remainder of this Release. Defendant has had an opportunity to consult with an attorney before signing this Release or has voluntarily waived such right. Defendant acknowledges that in signing this Release, he/she relied only on the promises set forth in this Release and not on any other promise made by Plaintiff or any of the Released Parties. This Release has been entered into freely, knowingly, and voluntarily and not as a result of coercion, duress or undue influence. Defendant agrees to execute any and all documents that Plaintiff requires to be executed for the purpose of effectuation this Release (specifically the Stipulated Motion to Dismiss with Prejudice). This Release constitutes the entire understanding and agreement between the parties hereto with respect to its subject matter. This Release supersedes all other understandings, agreements, communications, or negotiations (whether written or oral) between the parties hereto with respect to such subject matter. This Release may not be amended, changed or altered, except by a writing signed by Defendant and Plaintiff. This Release shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, estate, heirs and personal representatives. The Release may be executed in counterparts, and if so executed each such counterpart shall have the force and effect of an original. A facsimile or copy of an original signature transmitted to the other party is effective as an official document. IN WITNESS WHEREOF, the parties hereto have executed this Release as of the below dates
  6. Ok, so today I heard back from the lawyer and received some terms to agree to, along with the Stipulated Motion To Dismiss with Prejudice. Would anyone be willing to look at those terms so I can be sure I'm not missing something and signing part of my life and limb away? @BV80 @TomnTex @shellieh98
  7. @shellieh98 @BV80 and all you kind folks, I'm still waiting to hear from the lawyer and plaintiff. Meanwhile, I figure it's best to work on my RFAs, and whatever should come next. Do you all have some knowledge on what to sensibly ask for my RFAs to the plaintiff or have some links to reference? I'm starting on my own rough draft but any other insight is most welcome. Thank you all and cheers.
  8. @shellieh98 Ah, that sounds well enough. Thank you for the clarification. I haven't signed yet. Hopefully there's still time. I'm waiting to hear back from the lawyer about removing the tradeline from the credit reports as well as no 1099c. But we'll see...
  9. @BV80 @shellieh98 But I'm not sure how to post the document. ?
  10. I'm a little uncertain now. Is the plaintiff able to resell the debt and have someone else take me to court or collect money? I'm attaching a copy of the stipulation for you folks to look at if you can...
  11. @shellieh98 When you say her admits are due Friday, do you mean my answers for the RFAs? I sent them out and filed them today. The stipulation is with prejudice, and there is nothing in it about payments or monetary settlement (so far). However there is a line in there that doesn't sit well with me: "Cavalry SPV I, LLC warrants and represents that it is the present owner of any and all rights, title and interest in the account." That sounds like they can still come back at me at another time. So unless that is gone, I'd sign nothing. The rest sounds reasonable if we're all just looking to walk away and no one gets any $. Which wouldn't be so bad. If y'all think it will help, I can post more of it later (perhaps tomorrow). I may have to type it all out since I'm having trouble post and editing the pdf for some reason.
  12. @TomnTex Nothing else attached to it so far. So yes, may be. Here's to hoping! I'll tag those folks and see what they think. Though, I'm not sure who Willing is? A picnic sounds wonderful right about now, or ever really. Rain on sir! : ) @BV80 @shellieh98 What do you guys think about the Stipulation situation? Cheers all. I have some filing to do.
  13. I think it is a good thing, but I'm still hesitant to sign. I'm also thinking it's still a good idea to turn in these RFAs answers, and my amended answers to the complaint, just in case something default-like happens in the interim. Thoughts?
  14. I'm not entirely certain what this means, so all good folks chime in here. I received an email from the plaintiff's attorney asking me to sign a "Stipulation For Dismissal With Prejudice." I'm trying to wrap my head around it and read a few posts, etc, but I'm wondering ....is this a good thing?
  15. @BV80 (and anyone else interested) Also on that page, if you read #4, it talks about improper form (vague or compound) RFAs. After reading that I'm still torn about what you said concerning the objection and what that information is relaying. What do you think? I'm really trying to get this finished so I can hand it in/file today. Any other input concerning my answers and all would be realty appreciated during these current final hours. : ) Until the next thing comes up that is...
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