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Help with stipulation of settlement papers


MillerFam
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HEy everyone.. I need to know if anyone can help me.. here is a somewhat brief breakdown:

I was served papers, (being sued by Capital one) didn't realize i needed to respond, got a default judgment, am attempting to settle BEFORE the judgment is entered and put on my credit. they are kinda working with me but we are having a hard time agreeing how to phrase the agreement for the court papers. I have cut and pasted the "terms" below. I am writing back to the attorney asking him to ammend the terminology, i need help with that letter. i have also cut and pasted that below the "terms".. any advice? I need to respond by tomorrow (9/26) so please help ASAP!!

All I want out of this is to make sure that they can't come back to sue me for the remaining balance since California is one of the few (if not only) state that allows for that... I have tried to get them to report it as "satisfied" or paid as agreed, but they keep telling me they can't do that.. (which i know is a lie). so i gave up on that.. settled will have to do and i can fight that part of it later with the 3 reporting agencies...

TERMS:

THE PARTIES STIPULATE TO THE FOLLOWING:

1. The parties have settled this matter and plaintiff has accepted partial payment in full settlement of the underlying debt.

2. Plaintiff withdraws its opposition to defendant's motion to vacate judgment.

3. Plaintiff has agreed to report this account as "settled" or analogous language to all credit bureaus to which it reports.

4. If the court grants defendant's motion and vacates the judgment and sets aside the default judgment, plaintiff agrees to dismiss the case. If the court does not grant the motion, plaintiff will file a satisfaction of judgment.

MY LETTER:: This is what i was planning to say to the attorney and hope he will agree...

Dear Mr. Attorney,

For the most part I agree with this stipulation, I do ask that number 4 read as follows:

“ If the court grants the defendan t’s motion and vacates the judgment and sets aside the default judgment, plaintiff agrees to dismiss the case and no further action will be taken. If the court does not grant the motion, plaintiff will file a satisfaction of judgment.”

OR

“ If the court grants the defen dan t’s motion and vacates the judgment and sets aside the default judgment, plaintiff agrees to dismiss the case with prejudice. If the court does not grant the motion, plaintiff will file a satisfaction of judgment.”

It is my understanding that once I send the payment for $1,397.86, this matter is satisfied and no longer obligated to either Capital One or Eskanos and Adler.

Also, in the section that you have written out for the judge to sign, I would like to ask that it be worded in such a manner that I can take it to him on Friday and prevent the necessity to appear on October 2nd since that would require me to take time off of work.

I will overnight the funds to you as soon as we can come to a final agreement on the wording in the stipulation.

Also, Suzie Q assistant had mentioned something about you stating in the stipulation that the faxed copy (or printed copy if you scan and email) is as good as the original, that way I don’t have to wait for the original in the mail to go to the judge on Friday.

Thank you for your time.

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I know this is a long one, but i really would appreciate some help. Also, once the judgment is vacated, does that mean that is WILL NOT be placed on my credit?

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