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Stipulation to Dismiss Case from CA?


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Being sued by CA (originally for an over inflated amount of 45,000 on an old 6,000 credit card debt that has passed the SOL)

I responded to the suit in a timely fashion and forced discovery.

About a month ago I received a letter from CA / Lawyer stating they made a huge mistake and lowered the debt to 8,000 with a court document to dismiss the case if I agreed to that amount. I didn't respond because not only have they verified the debt but, I can prove my last payment which should prove that SOL has passed.

Now 1 month later I received a certified letter from CA Lawyer with a court dismissal form (with stipulations and without prejudice) however no specifics or details on what I would need to agree to but it does say to call them.

Should I contact them?

I should mention that they have never amended their suit even though they have documented a grievous mistake on the amounts.

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I would ONLY contact them through green card mail...You're in litigation now. You need proof of all contact.

Stipulations and w/o prejudice and they have not provided your answers to discovery--- So, you have to abide by the stipulations (that you dont know) AND you can be sued again? ROTFL! Let this thing roll into court.

Just my thoughts when reading your post---take them with a grain of salt--b/c I am NOT one of the brilliant minds here. ;)

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I would ONLY contact them through green card mail...You're in litigation now. You need proof of all contact.

Stipulations and w/o prejudice and they have not provided your answers to discovery--- So, you have to abide by the stipulations (that you dont know) AND you can be sued again? ROTFL! Let this thing roll into court.

Just my thoughts when reading your post---take them with a grain of salt--b/c I am NOT one of the brilliant minds here. ;)

That is what I was thinking. I beleive these clowns are new to this business and don't really have a clue. I did a search at our county courthouse to see who else they have sued and it looks like they issued about 12 Summons / Complaints around or on the same date as mine and unfortunately for those folks they didn't responed to their suits and now all have default judgements against them.

I believe these guys are trying to settle this matter outside of court for 2 reasons #1 I forced discovery and it has screwed up their suit #2 not only do they not want to waste energy in court with this but, their practice is nearly 3 hours away from where I live. Not too convient for them if you ask me.

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I dont think the have a leg to stand on as far as proving anything, and I think they know SOL is up so they are trying to get you to agree to some thing, ANYTHING so they can collect. Don't sign nothing and go to court. I would rather pay if I HAVE to not because they want me too. I would argue that the SOL has expired and you don't we this debt.

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Agreed. It sounds like a desperation move on their part to get you to admit some amount. In some states an admission in writing signed by you would start the SOL clock over, (even for a dollar) and allow them to sue. I say stay the course with the lawsuit. No stipulations unless they want you to stipulate that it is past SOL, they have no valid claim and want to dismiss with prejudice. That I would stipulate to.

Hopefully no one will accuse me of being an Internet Johnny Cochran.

Know that I'm not an attorney, but I did stay at a Holiday Inn Express last night, and some folks can't afford an attorney, and like to talk about their cases and bounce ideas around. Why not? It's still America last time I looked.8-)

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Since they still haven't provided any documentation, it appears they have no case. I would guess their dismissal paperwork was meant to serve as a goodwill gester on their part and to wet your appetite. I bet everything up to now has been very formal on their part, and now they want to casual things down a bit. At least that's what I get from them wanting you to call them.

I would also stay the course and keep things official and tidy. Don't let them lul you into a false sense of comfort or security.

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