sreupert

Midland Dissmissal if I agree to Dissmiss Counterclaims

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Today I went to a pre-trial hearing and Kohn Law firm in WI had offered me a Dissmissal with prejiduce if I dropped my counterclaims. I didn't sign anything on the spot because I truthfully feel as if I have a case. I had told their lawyer I wouldn't be opposed to dissmissing the counterclaims and the case as long I I know that Midland Funding would not be able to report this on my credit report any longer.

I'm just trying to protect my-self. I have two week until my next pre-hearing (3rd).

Will Midland be able to report this on my credit reports if they have signed a dissmissal?

Will this be sent back to the OC seeing Midland had purchased it?

What can I do to ensure protection for myself?

Thanks everyone for all your help! I wouldn't have been able to even have the option of dissmissal without the forum. Much appreciate!

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Today I went to a pre-trial hearing and Kohn Law firm in WI had offered me a Dissmissal with prejiduce if I dropped my counterclaims. I didn't sign anything on the spot because I truthfully feel as if I have a case. I had told their lawyer I wouldn't be opposed to dissmissing the counterclaims and the case as long I I know that Midland Funding would not be able to report this on my credit report any longer.

I'm just trying to protect my-self. I have two week until my next pre-hearing (3rd).

Will Midland be able to report this on my credit reports if they have signed a dissmissal?

Will this be sent back to the OC seeing Midland had purchased it?

What can I do to ensure protection for myself?

Thanks everyone for all your help! I wouldn't have been able to even have the option of dissmissal without the forum. Much appreciate!

If it were me, I'd agree to the dismissal with prejudice if they agree to stay off my credit reports.

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Don't forget the following:

Complete waiver and extinguishment of the debt.

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Or a dismissal with prejudice and a confidentality agreement for both sides and liquidated damges written into the agreement. The agreement should state no party shall discuss the alleged account or terms with any other party or company.

After they sign that then dispute with the CRA. When Midland verifies with the CRA they have broken the agreement. They provided information about your account to the CA to verify on your credit report.

Then sue them for the liquidated damages in the agreement. Then rinse and repeat as many times as the Midland slot machine will pay off.

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Here's the Settlement Agreement the Plaintiffs submitted in my case last year. This was done on Pleading paper, signed by both me and the Plaintiffs and they filed it with the court. The Judge approved it without a problem. This way if they should ever sue again or don't remove the listing from the credit bureaus you have grounds to [counter]sue and have their case dismissed. Also, if they do resell it or send it back to the OC, they've violated the agreement and would be liable for the debt itself at minimum at that point.

PLAINTIFF’S MOTION AND ORDER TO DISMISS WITH PREJUDICE AND TO VACATE TRIAL

Plaintiff hereby motions this court to dismiss this case with prejudice and as grounds therefore, states as follows:

  1. The Parties have come to a mutual agreement whereby Plaintiff agrees to:

    a. Tender payment in the amount of $[
    my actual costs to defend myself, i.e., filing fees and postage (all those CMRRR's added up)
    ] to the Defendant;

    b. Delete the trade line from the credit bureaus;

    c. Not sell, transfer or reassign this account/debt to any other parties.


  2. Both Parties agree that this case and the Defendant’s counterclaim should be dismissed with prejudice, and that the trial date currently scheduled for [your trial date] should be vacated, and that no parties need to appear.

YMMV check your RCPs. I'm hoping to be able to use the same thing again with my current Midland case once the judge rejects their motion to dismiss my counterclaim.

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Personally, I would go with a non disclosure agreement. However, that looks like a good simple agreement. I would add after deleting the tradline that it will never be reported again or put back on after deletion.

Just a CYA that likely would never come into play, but better safe than sorry.

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I was offered mutual dismissal twice with midland but they wouldnt give me any $ on my counterclaims, even though I felt I had a strong case. Ultimately I DID NOT accept the mutual dismissal and we went to trial. I won at trial. Im not saying youll definitely be able to do the same, but just thought you might like to know that.

Remember, midland funding doesn't report to credit bureaus, Encore's other subsidiary midland credit management does so if you do sign a release, you may want to read the fine print and make sure its what you're asking for. These settlement agreements are super picky and usually only cover their a$$, not yours. mutual dismissal with prejudice, agreement NOT to ever re-sell the debt, fully release you from all claims related to this debt, past present future, and a UDF trade line deletion.

non-disclosure agreement? why? unless they are paying you something i say F&*( the non-disclosure agreement. they brought YOU into the public area of the legal system, why the hell would you agree to "silence" about the deal you've struck when all likeliness its not one necessarily in your favor.

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non-disclosure agreement? why? unless they are paying you something i say F&*( the non-disclosure agreement. they brought YOU into the public area of the legal system, why the hell would you agree to "silence" about the deal you've struck when all likeliness its not one necessarily in your favor.

Well of course there is going to be a settlement payment also. They will then violate the NDA about 90% of the time.

That is where my comment about having the Midland slot machine keep paying off.

The non disclosure is a back door agreement to delete the trade line. There is already a public record, the court case, nobody can do anything about. The NDA only works against them. I mean, who are you really going to tell about the case, the media, it is already public record.

It would keep you from coming here and listing specific details of the settlement. However, if they don't violate the NDA you get your trade line removed because they won't verify due to the NDA. If they violate the NDA, your trade line stays a few more months but you sue them for the liquidated damages in the NDA. I bet you 100% of the time after that if you redispute they won't verify it.

So you stand the chance of a 2nd payday while still getting your removal.

Edited by Coltfan1972

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Midland funding not only reported to the CRA's but they re-aged my account!!!

How did they re-age your account?

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So I was just able to review the offer I was presented and it states:

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE

IT IS HEARBY STIPULATED between the parties hereto, by the undersigned, that the above-captioned matter, including all claims and any counterclaims, shall be dismissed with prejudice without further costs to any of the parties, and that on Order incorporating the terms of this Stipulation may be made and entered herein without further notice to any of the parties.

I don't believe this is in my favor. I'm not exactly sure what "STIPULATION" is in leagal terms but I think I am going to offer something like this:

ORDER FOR DISMISSAL WITH PREJUDICE

Plaintiff hereby motions this court to dismiss this case with prejudice and as grounds therefore, states as follows:

1.The Parties have come to a mutual agreement whereby Plaintiff agrees to:

a.Tender payment in the amount of $250 to the Defendant;

b.Delete the trade line from the credit bureaus and/or have any of Encore Capitol Group subsideraries, Midland Funding LLC and/or Midland Credit Management, delete the trade line from the credit bureaus;

c.Not sell, transfer or reassign this account/debt to any other parties;

d.Not discuss the alleged account or terms with any other party or company;

e.Pay $1000 in damages to the Defendant for each/every violation of this agreement.

2.Both Parties agree that this case and the Defendant’s counterclaim should be dismissed with prejudice.

Please provide thoughts ASAP! Much appreciated

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Looks fine to me. The NDA is pretty common, but usually the idea of a NDA is so the terms are not discussed. I find it odd they put they paid you 250.00to go away.

However, no big deal if that's what they want. If you are happy with the payment, do it. Looks like your getting everything you want.

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I can't see how you could ask for a better agreement...They must have messed up eery badly if they are willing to roll over like this.

How much were they originally suing you for?

What was the nature of their Complaint.

IN your opinion, what did they do wrong that made them blink and be willing to dismiss their case rather than trying to bully you into submission?

I am currently assisting a woman in Ohio with a Midland Funding Case and he judge is bending over backwards to assist Midland with faulty rulings..

Might be very helpful to know what you were facing and how you got Midland to back off!!!

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OK... I think I have confused a few of you folks.

The 1st letter posted is what I had actually received from the law firm. Quoted below:

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICEIT IS HEARBY STIPULATED between the parties hereto, by the undersigned, that the above-captioned matter, including all claims and any counterclaims, shall be dismissed with prejudice without further costs to any of the parties, and that on Order incorporating the terms of this Stipulation may be made and entered herein without further notice to any of the parties.

Let me say this again. The previous letter is what I was offered from the law firm. I don't believe this is in my favor so I was going to suggest or somehow ask for the second letter. I DID NOT RECEIVE THE 2nd LETTER I am planning on presenting it to the law firm representing Midland. I'm not sure how to present it I guess. Would I need to restate it from the Defendent?

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