Jump to content

won against Midland Funding.

Recommended Posts

OK, here is the entire settlement offer they faxed me.

I added the part in #10 where it says, they have to request to delete from credit report within 60 days and can not sell to another company. and #11. and the attorney agreed.


This Settlement Agreement and Release is between PLAINTIFF, and DEFENDANT. PLAINTIFF AND DEFFENDANT will sometimes hereafter be referred to as "the parties."

In Cause No. 123456, in the cause styled PLAINTIFF. vs. DEFFENDANT, In County Court at Law No. #, ***** County, STATE OF , PLAINTIFF sued DEFFENDANT for alleged failure to pay on an ????? Credit card debt bearing account no. #### #### #### ####.

DEFFENDANT answered and asserted various defenses and counterclaims to this credit card debt which had been assigned directly to PLAINTIFF or to an assignee which assigned the account to PLAINTIFF. PAINTIFF non-suited its claims against DEFFENDANT, The cause proceeded to trial on Defendant’s counter-claims against PLAINTIFF. The court awarded DEFFENDANT a judgment against PLAINTIFF for $2,000.00, court costs, and five (5%) post-judgment interest. While PLAINTIFF was in the process of appealing this judgment, PLAINTIFF and DEFFENDANT agreed to settle all claims and counter-claims in this cause.

Defendant disputes and denies any liability for the alleged credit card debt. plaintiff disputes and denies liability to defendant for the claims asserted in his counter¬claim against it. The parties desire to settle all claims asserted in the above lawsuit, and judgment in this cause, of each against the other, and have reached an amicable resolution of those claims.


NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the parties agree as follows:

1. PLAINTIFF admits it currently owns the claim, which was the basis for the suit described above, against DEFFENDANT. As PLAINIFF is the current owner of this claim against DEFFENDANT, it has full authority to Release this claim which is now being resolved in this Settlement Agreement and Release.

2. In full and final settlement of all claims, asserted or unasserted, by PLAINTIFF against DEFFENDANT and claims, asserted or unasserted, by DEFFENDANT against PLAINTIFF in this cause, PLAIFITT agrees to pay DEFENDANT, the sum of $1,500.00. The parties do hereby RELEASE, WAIVE, and FURTHER DISCHARGE each other, their affiliates, subsidiaries, partners, spouse, officers, employees, agents, servants, attorneys, predecessors,, successors, and assigns from any and all actions, causes of action, suits, damages, debts, sums of money, contracts, warranties and claims, directly or indirectly, by way of contribution, indemnification, or otherwise, from the beginning of time to the present date, in law or in equity, arising out of all transactions between the parties related to the allegations and claims made by the parties, of one against the other, as above-stated in the above lawsuit.

3. The parties shall refrain from any and all communication disparaging any other party to this Agreement.

4. PLAINTIFF is represented by legal counsel and has received legal advice concerning this Agreement prior to its execution of it. DEFFENDANT is not represented by legal counsel, and has chosen to rely upon his own knowledge of the law concerning this Agreement prior to the execution of it. DEFFENDANT may seek informal advice of legal counsel of his own choice regarding the contents of this Agreement, and, if so, may choose to rely upon such legal advice concerning this Agreement prior to its execution of it. No promise or inducement which is not expressed herein has been made to any party in order to induce it or him to enter into this Agreement.

5. The parties are settling their disputed claims alleged in the above lawsuit, DEFFENDANT'S judgment against PLAINTIFF, and executing this Agreement in order to compromise disputed claims and to avoid the expenses of further legal proceedings. This Agreement should not be construed as an admission of liability on the part of either of the parties.

6. This Agreement shall be governed by the laws of the State of ????????.

7. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements or understandings, written or oral, between the parties pertaining to the subject matter hereof.

8. This Agreement shall not be modified except in writing signed by the parties.

9. Should any action or proceeding be brought by any party to this Agreement to enforce it or any provision hereof, the prevailing party in any such action or proceeding should be entitled to recover, in addition to any other relief, reasonable attorney's fees, costs, and expenses of litigation or arbitration.

10. The parties agree that they will keep the facts and terms of this Agreement completely confidential and that each of them will not disclose any information concerning this Agreement to anyone, provided any party may make such disclosures as are required by law and as are necessary for legitimate enforcement purposes or tax compliance purposes. PLAINTIFF further agrees, as part of this settlement, within sixty (60) days of executing this document, to request all credit bureaus to which it reports to delete permanently from their records any and all entries of this account on DEFFENDANT'S credit reports. This agreement binds PLAINTIFF'S successors and heirs, and PLAINTIFF cannot re-report any entries regarding this account to those same credit bureaus.

11. PLAINTIFF further agrees not to sell, or otherwise transfer, the account which is being settled herein, as part of the settlement of all claims between the parties, to any other legal entity.

12. The parties shall bear their own costs and expenses, including attorney fees, disbursements, and court costs incurred in reaching a resolution of the disputed claims alleged in the above lawsuit.

13. Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and the illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement.

14. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

15. The parties agree that a facsimile signature may substitute for and have the same legal effect as the original signature.


Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.