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Gotta be a GOTCHA here - Stipulation of Dismissal


uu2sing
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Gotta be a Gotcha here. Since this is an offer to me, neither original or copy was signed by them. Shouldn't they have been signed, prior to my returning an original to them signed by me, for filing with the court?

I had not filed a counter complaint (but left it open in my answer to the complaint). Have not looked for violations as yet, such as, filing a lawsuit without any proof or any other potential violations.

I answered their A&R, however they have not answered my request for A&R and Docs.

I, also, filed a motion objecting to their filing for MSJ. This was primarily based on their robo affidavit. Attorney then obtained continuance. Now I have received this "Stipulation of Dismissal" offer.

No motions have been heard by the court.

Should I counter with an addendum with stipulations of my own for items such as, 1. Deleting trade line, 2. Not reselling account to other JDB's or any other suggestions from the forum.

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Here is the "Stipulation of Dismissal" letter from Attorney ---

“Our client has decided not to proceed further with the above action. Accordingly, enclosed please find an original and one copy of a Stipulation of Dismissal.

Kindly sign the original where indicated and return to our office for filing in the return envelope enclosed.

Should you have any questions in this matter, please contact me.”

(Context of “STIPULATION OF DISMISSAL”) -

“It is hereby stipulated, by and between the parties to this action, through the undersigned counsel, and subject to approval of the Court, that the Complaint in this action is hereby dismissed with prejudice;

IT IS FURTHER STIPULATED,that all claims and counterclaims, present or future, asserted or unasserted, relating to the loan transaction which is the subject of the above-captioned action, are here dismissed with prejudice."

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Seems like pure "Vanilla" or is it "Rocky Road" flavor?

I leave this to all of the "experts" for learned input.

Thanks in advance.

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sign it and send it back, keep a copy for your records. Follow up with them to make sure they file it with the court. Then, make sure they submit a copy back to the Plaintiff.

Then, after the case is closed out by the court, get a contact both from the attorney and the Plaintiff and see if you can email. Then keep an email trail on all correspondences.

These collections agencies have a tendency to stipulate, but not file the dismissal in a timely fashion with the courts and they do not always send the dismissal to the Plaintiff.

Congrats!!

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Here is the phone number to Chase's Office of the President to get that Chase account resolved:

888-622-7547 Ext. 7090 or 4350

They are in Chicago - The old Bank One.

address:

Executive Offices

Mail Code: IL1-6215

2500 Westfield Dr.

Elgin, IL 60124

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Keep copies of everything. If they don't file promptly with the court, file for sanctions against their attorney. Get a final copy of the dismissal order from the court and keep it very safe, that is what you'll use if the item reappears via another JDB or CA.

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Thanks to all for the kudo's, congratulations and encouragement from all.

As I alluded to in my post, "Is there a GOTCHA" underlying the offer?" Two things bother me about the 'offer' for stipulation of dismissal.

("IT IS FURTHER STIPULATED,that all claims and counterclaims, present or future, asserted or unasserted, relating to the loan transaction which is the subject of the above-captioned action, are hereby dismissed with prejudice.")

Looks good on the surface, however, this bothers me;

"the loan transaction which is the subject of the above-captioned action" Could this be a trap to have me admit to the charges in the complaint that I have denied?

And .....

Since they did not send a signed offer to me to start with, what's to prevent them from not signing the stipulation agreement (after I have signed) and claiming that I have admitted to a "loan transaction" and thereby allow them to follow through with the MSJ and other claims that they allege.

Hence, my rationale for sending counter offer stipulation for them to agree to first, I then sign and agree to and then have it filed. I would prefer that the wording be - "relating to the COMPLAINT which is the subject of the above-captioned action", etc.

To me, this is akin to making a real estate offer. The first offer is signed by the purchaser and then accepted or countered by the owner. Further negotiation demands that the parties agree, accept the final offer and acceptance. The initial action, thereby, starts with an offer accompanied with a signature to be accepted, countered or denied by the other party.

Am I off base here and swatting gnats with a baseball bat or don't I understand the process?

Would like to CMRRR or hand-deliver tomorrow (Next day the latest)

May be overly cautious, but I believe in the Old saying - "ACT IN HASTE - REPENT IN LEISURE!"

Appreciate your feedback. TIA.

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This is standard procedure. Once they send you the stipulation it is a binding agreement once you sign it. Basically by signing it, you are agreeing that you are not going to turn around and sue them. There is no trap or backdoor they are trying to take. Sign and date it and make a copy for your records. Then send the stipulation back to them. They will send it in to the court. Then, once the attorney gets a copy back that is signed by the judge, the attorney will mail you back a final copy.

The court records will show stipulation dismissed with prejudice, disposed. Then send a copy of the dismissal to the company reporting and get it deleted off of your credit report.

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I agree with everyone. Sign it and send it back. I have 3 of these, and they have been pretty standard. If they try something, you stand a good chance of getting the original dismissal and have a good counter against them for damages on their breach of contract. Keep a copy in with everything else you save.

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Just want to cover my bases on potential reversals. CA's can have a whole lot more in their bag of tricks than a Pro Se. Need all the help that I can get.

Unless I learn differently by tomorrow, I will proceed with agreement.

Again, thanks to all.

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They are worried that you might sue them and cost them money. That is why the stipulation is worded the way it is.

You are one of those pesky debtors that likes to defend your rights. (sarcasm) They do not want to deal with your type. This makes you go away and they can sleep at night that you won't sue them.

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