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Discover Cards Successful Settlement Agreement, Release and Dismissal


Guest helpneed
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Guest helpneed

I settled for 80% of the balance I said it was... not 80% of what the atty said it was because I had checks showing my recent payments and my CR reflected the TRUE balance not the balance atty was suing for. This case began back in March and has come to a close in August FiNALLY!

Here's my original case link (http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=253954) and thanks to Recovering Attorney for walking me through and making sure the attorney stuck to his word. I received the executed settlement agreement and release and the Notice of Dismissal with prejudice in the mail on the date I told him I better have it after I made my last payment and I received it two days after that date.

I would like Recovering Attorney and other legal reps to review for assurance...

Cover Letter from Atty:

Enclosed please find an executed settlement agreement and release and a copy of the Notice of Dismissal we are filing with the Court.

PLAINTIFF'S NOTICE OF DISMISSAL PER C.R. 41(A)(1)(a)

Plaintiff hereby dismisses this action with prejudice and at its costs.

SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release is made and enetered into between Discover Bank, issuer of the Discover Card, by its attorney <Attorney Name>, and <Defendant Name>, together, the "Parties."

WHEREAS, a dispute arose between the Parties involving the a credit-card account, and

WHEREAS, on or about mm/dd/yy, Discover Bank filed suit against <Defendant Last Name> in the <Court Name> and

WHEREAS, the Parties wish to resolve any and all disputes between them;

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, the Parties hereby agree as to the following:

1. The term, "Discover Bank," as used in this Settlement Agreement and Release, shall refer

to Discover Bank, issuer of the Discover Card, by its Servicing Agent Discover Financial Services, LLC, including its parents, divisions, subsidiaries, partners, affiliates, successors, and assigns, as well as its respective offices, directors, stockholders, employees, representatives, agents, attorneys, insurers, heirs, executors, and estates.

2. The term, <Defendant Last Name> as used in this Settlement Agreement and Release, shall refer to <Defendant First Last Name> including his partners, affiliates, successors, and assigns, as well as his respective employees, representatives, agents, attorneys, insurers, heirs, executors, and estates.

3. The term "Parties," as used in this Settlement Agreement and Release, shall refer to Discover Bank, as that term is defined in Paragraph 1 above, and <Defendant Name> as that term is defined in Paragraph2 above.

4. The Parties agree that no provision of this Settlement Agreement and Release shall be construed as an admission by any party of any liability or unlawful conduct.

5. Discover Bank represents and warrants that it will dismiss, with prejudice, all outstanding complaints, charges, or claims for relief against, including but not limited ti Discover Bank, issuer of the Discover Card by its v. <Defendant> Case No. Discover Bank, by its attorney <Attorney Name> agrees to complete and submit to the Court the Notice of Dismissal, dismissing the case with prejudice and without costs or attorney's fees as to any party.

The Parties hereby acknowledge that <Defendant Last Name> has paid the total sum of $amount

6. , representing full settlement of all claims and charges, asserted or unasserted, that may have had or could have against under any state or federal law, including any attorny's fees and costs, concerning Discover Card Account No.

7. Excepts as to the obligations set forth in this Agreement, Discover Bank, by its attorney <Atty. Name> hereby fully, forever, irrevocably and unconditionally releases from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissinos, damages, executions, obligations, liabilities, and expenses (including attorney's fees and costs), of every kind and nature, known or unknown, which it has or claims to have, or which is previously had or claimed to have, or whihc it ever may have or claim to have against <Defendant>, occuring prior to the execution date of this Settlement Agreement and Release.

8. This Settlement Agreement and Release shall be governed by the law of Ohio and may be amended or modified only in writing executed by the Parties. Should any provision be declaired by any court to be invalid, the validity of the remaining provisions shall not be affected, and the invalid provision(s) shall be deemed not a part of this Settlement Agreement and Release. The language of all parts of this Settlement Agreement and Release shall be construed as a whole, according its fair meaning, and not strictly for or against either Party.

9. This Settlement Agreement and Release shall be binding upon and inure to the benefit of <Defendant>, his heirs, administrators, executors, representatives, successorsm and assigns, and shall be binding upon and inure to the benefit of Discover Bank, its heris, administrators, executors, representatives, successors and assigns.

10. This Settlement Agreement and Release supersedes any and all prior and/or written agreements between Parties, and sets forth the entire agreement between the Parties.

11. The Parties represent that they each have had an opportunity to discuss this Agreement with their respective attorneys; that they have read and understand the provisions herein; that they are not relying on promises or other representations not set forth above as inducement to enter this Settlement Agreement.

12. This Settlement Agreement and Release may be signed in counterparts.

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Guest helpneed

Recovering Atty. or any other legal minds should I file the Settlement and Release with the court? The atty sent the original that he signed and theres a space for me to sign. .

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Guest helpneed
I'm placing this settlement offer in the forms sticky. Good work!

awesome admin! thanks and I'm glad I could finally give back to others on this board!

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