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Looking for an agreement document


tropicaljo
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Okay, I've spent several hours looking and have come to the conclusion that I am a lousy searcher! I'm looking for an agreement to settle, not sue. You know... something that goes with an ITS letter... I found a similar document several years back and it worked like a charm, but can't seem to relocate it!

It is not the standard settlement agreement. It's a release agreement for a collection agency that essentially says that "For the sum of $XXX.XX I agree to not sue you for your repeatedly violating my consumer rights as garuanteed in the FDCPA/FCRA." It also has a clause about not disclosing the particulars of the settlement and another one regarding $10,000.00 if the collection agency attempts to comes after you again on the same account or reinserts info on your credit reports. If anyone could help me out with locating this document or one similar, I would so appreciate it.

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Yepper, you are correct! That was the first place I looked, and what I'm looking for was not there. Guess you missed the part where I said I searched for a couple of hours for the agreement document I'm looking for. I know that someone around here knows exactly what I'm looking for and I know that most folks around here expect you to at least attempt to look for things yourself... Guess I'll just keep looking and hope that someone will read this who knows where I can find what I'm looking for.

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Okay, I've spent several hours looking and have come to the conclusion that I am a lousy searcher! I'm looking for an agreement to settle, not sue. You know... something that goes with an ITS letter... I found a similar document several years back and it worked like a charm, but can't seem to relocate it!

It is not the standard settlement agreement. It's a release agreement for a collection agency that essentially says that "For the sum of $XXX.XX I agree to not sue you for your repeatedly violating my consumer rights as garuanteed in the FDCPA/FCRA." It also has a clause about not disclosing the particulars of the settlement and another one regarding $10,000.00 if the collection agency attempts to comes after you again on the same account or reinserts info on your credit reports. If anyone could help me out with locating this document or one similar, I would so appreciate it.

try looking for , release of claims, try this site

http://www.rocketlawyer.com/legal-forms-popular.aspx

OK i found this , it is a SAMPLE letter you could put in any amount, its called "liquidated damages" tailor to your own needs ( also you can buy the sample letter pack here at the "book store" )

SETTLEMENT AGREEMENT AND RELEASE

Between: Joseph R. Consumer (“Plaintiff”)

AND: Scumsucking JDB, LLC (“JDB”)

RECITALS

A. Plaintiff filed a Federal action against JDB in the US District Court, District of Oregon, County of Marion, Civil Claims Division on February 29th, 2004 (“Lawsuit”) alleging violations of the Fair Debt Collectin Practices Act, Fair Credit Reporting Act, Unlawful Trade Practices Act, and Deceptive Trade Practices act related to credit information made by JDB regarding Plaintiff to credit reporting agencies.

B. JDB denies any liability for the claims alleged in Plaintiff’s lawsuit.

C. JDB and Plaintiff desire to fully and finally settle and terminate all disputes or claims which have been or could be asserted by the parties in the lawsuit.

NOW, THEREFORE, for good and valuable consideration, the receipt of which is acknowledged by the parties, Plaintiff and JDB agree as follows:

1. Contemporaneously with the execution of this Settlement Agreement and Release (“Agreement”), JDB will pay Plaintiff $2,500

2. Upon receipt of the payment referenced above, Plaintiff will file a notice and judgment dismissing the Lawsuit with prejudice and without costs or fees to either party

3. JDB has closed the account that was the subject of the credit reporting at issue in the Lawsuit and will provide necessary documentation to the credit reporting agencies deleting all reports regarding Plaintiff. JDB will provide a copy of that documentation to Plaintiff

4. Plaintiff unconditionally releases and forever discharges JDB, including its successors, assignors, assignees, agents, employees, directors, officers, shareholders, and attorneys, and any other persons or entities acting by, for or through it, or on behalf of it in any way, from any and all cuases of action, suits, damages, liabilities, claims and demands of any description, which Plaintiff ever had or now has, directly or indirectly, known or unknown, arising out of or relating to the claims he alleged in the Lawsuit, any credit reporting done by JDB up to and including the month of October 2004, and which was or could have been asserted in the Lawsuit

5. Should any account(s) relating to the Lawsuit ever be re-opened against Plaintiff, then Plaintiff agrees to immediately notify counsel for JDB by calling Bottomfeeder Lawyer at: 555-1212 and by faxing any form of notice regarding the re-opened account to 555-1213. In the event that JDB reopens the account(s) referenced in the Lawsuit and Plaintiff notifies counsel immediately, JDB will pay Plaintiff $1,000.

6. The signatories to this Agreement represent that they understand the terms of this Agreement, that they rely upon their own judgment and counsel in the execution of this Agreemenet, and that they are fully authorized to enter into this Agreement.

7. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. If any provisions of this Agreement are found to be unenforceable or invalid, the remaining provisions shall remain enforceable. If plausible, the provision or term which is found to be unenforceable shall be modified or limited to the extent necessary to become valid and enforceable.

8. This Agreement may be executed by the parties in separate counterparts, each of which when executed and delivered shall be an original, but all of which together constitute one and the same instrument.

9. This Agreement constitutes the entire agreement between the parties and supercedes any previous agreements or representations by or between the parties, written or oral.

This Settlement Agreement is dated this 1st day of November, 2004.

________________ Scumsucking JDB, LLC

Joseph Consumer By:__________________

Title:________________

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