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How will I know they dropped the suit?


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I received a summons (in person)from Bank of America but have made a settlement with their attorney since then. I still need to make on final payment but I want to make sure that the lawsuit is actually dropped before I make it. Also, I just received a something in the mail that refers to a "notice of case management review." The attorneys office said that the suit will not be dropped until they receive the final payment and that I will continue to receive information regarding it until then. Should I be answering the suit even though we have settled? I can make the last payment immediately but I want to be sure the suit is dropped. How can I make sure of that without just taking their word for it?

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Guest E. Normis Debtor

You should answer even if they're general denials. You should have a settlement agreement drawn up and both parties file a stipulation for dismissal.

The stipulation for dismissal insures you the case will be dismissed once the agreement has been fulfulled.

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Call them and tell them you are ready to come down with the last payment but you want a stipulation of dismissal signed by them and a release from BoA to you regarding the account ready for you to pick up. They should file teh stip, you keep the release. The stipulation should say BoA discontiues with prejudice. If you really feel like they are yanking your chain, ask the judge for a conference.

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Ok, I told them I would come down with payment, but they need to give me the stipulation. They say they will only give me a letter stating the account has been settled in full. They say I will receive the stipulation in the mail once it has been filed in the courts. They say if I don't pay by the agreed date, the agreement is void and forget the money I already paid. Is the letter good enough, or do I need to be worried.

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i think you need to be worried, they're no reason they won't turn around and sell the balance to another jdb, and the letter does nothing to prove they will drop the case...also do you have any documentation to prove the past payments and agreement you both had....if not that could be a problem...its now a he said she said issue...ALWAYS get everything in writing prior to paying anyone anything...you may want to contact an attorney before making that final payment....when is it do...hopefully you have enough time to do that....

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Red flags are up!

When a stipulation is made (and agreed to), both parties must sign it before it is sent to the court. If you are going in with your final payment, then you have honored your agreement and they should have the stipulation ready to be signed by both parties. (Actually, they should have 3 copies - all to be signed. They keep one copy, you get one copy and one goes to the court - all with original signatures.)

I would consult an attorney. If they continue to balk, have your own stipulation drawn up and bring 3 copies with your final payment.

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