MIOMH

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About MIOMH

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  1. They did e-filed it. Is it just that, no stamp of approval from the court? The status of the case stays open with a status of Pre-RJI indefinitely? If so, is there any pros or cons of leaving it as is?
  2. @SJULawAlum, is there anything else I need to do to finalize the case? I know that when the JDB request a judgement the clerk stamps the approval. Does the Stipulation just stay in limbo?
  3. Thank you for all your assistance with the case.
  4. No need...the only plaque/award I want framed is the stipulation.
  5. @Pericles, I stand corrected. They filed the Stipulation - Discontinuance (PRE RJI) in its entirety.
  6. @fisthardcheese, I jumped the gun and signed. It's filed with the court and pending processing. I thought the same as @Brotherskeeper. I thought above action = Court Case, it does mention the court Index No, and PFW # (Attorney's business #). If there is an issue in the future can't I argue that nowhere in the stipulation mentions the Arbitration Case number?
  7. I know that @fisthardcheese said that this is a computer generated response to any dispute but wouldn't it stick now or is that response is just a reply with no intention of processing it?
  8. I’ve seen their other cases of discontinuance in court filing. This document is an agreement between us then they have a different document that it’s filed with the court. They file a notice of discontinuance.
  9. Thank you but this great outcome wouldn't be possible if it weren't for EVERYONE in the CIC Forum community. Special thanks to the Sages @Brotherskeeper, @fisthardcheese and @SJULawAlum
  10. @Brotherskeeper I was in the process of apologizing to you because I didn't redact the stipulation and just copied the contents of the paragraph that I thought was crucial. Here's the full stipulation.
  11. @SJULawAlum What about @Brotherskeeper question? @Brotherskeeper I believe because of CPLR 3217 (a). New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 3217. Voluntary discontinuance (a) Without an order.  Any party asserting a claim may discontinue it without an order 1. by serving upon all parties to the action a notice of discontinuance at any time before a responsive pleading is served or, if no responsive pleading is required, within twenty days after service of the pleading asserting the claim and filing the notice with proof of service with the clerk of the court;  or 2. by filing with the clerk of the court before the case has been submitted to the court or jury a stipulation in writing signed by the attorneys of record for all parties, provided that no party is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action;  or 3. by filing with the clerk of the court before the case has been submitted to the court or jury a certificate or notice of discontinuance stating that any parcel of land which is the subject matter of the action is to be excluded pursuant to title three of article eleven of the real property tax law.
  12. I just realized why they didn't sign my settlement...my offer expired and no word from AAA about their deadline. What alarms me about the stipulation is that the attorney didn't sign it. Is he waiting for me to date and sign it first? Why would he do that it? I know that CLPR 3217(a) is a voluntary discontinuance (dismissal) without an order but why the extra fluff in the second paragraph. I know that “...does not affect the parties rights as to any other account(s)...” means it is only for this account and they can go after me for other accounts.
  13. @fisthardcheese @Brotherskeeper @SJULawAlum I received an email today by the attorney saying that Midland accepted my offer of mutual dismissal and attached is a Stipulation of Discontinuance with prejudice, instead of just signing off on the one I provided. It sounds like a win for me but I would like someone to review the stipulation just in case I'm missing something and your eyes are better as seeing deceitfulness. Also, if you believe I shouldn't sign it and reply with something else, which again viewing with my untrained eyes it does seem legit. Once I sign and reply, should I say once I see the case updated in the court system I will email the Case Manager that I dismiss my case against Respondent.
  14. If they continue to report after 90 days you would need to send the 3 agencies the settlement letter. If they stop reporting, yes the trade line from Midland would be deleted but not the charge off of Synchrony