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Stipulation Discontinuing Action from Forster and Garbus


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Guest usctrojanalum

I'd send them back two and file the stipulation of discontinuance myself. HOWEVER, if it is Supreme Court, the county clerk will charge $35 to file the stipulation. In that case, I'd send it back to them and be on them to do so.

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Hey all! Forster and Garbus has sent me a stipulation discontinuing action along with a letter asking me to sign the 3 copies and they'll send a copy to the court. Should I do that? If so, should I also send a copy to the court?

I don't think so. You really need to talk with someone who practices in New York, but unless I'm mistaken, a stipulation of discontinuance (in New York) is not a dismissal or settlment of the lawsuit in New York. I believe they're filed after the suit has been settled and have the effect of precluding any further actions by either party with reference to the lawsuit.

If you sign this now, it would seem that if the plaintiff obtained a judgment against you, and then filed the previously signed stipulation of discontinuance, you would be precluded from appealing, moving to have the judgment set aside, anything.

I would be VERY skeptical of this unless you also have a separate dismissal of the action filed first.

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Wow, so they can ask me to stipulate, and then also seek a judgement? Or you mean they can come after me later?

The court date is set for January 20. Naturally I was excited at first when I saw this, I just want it to be over.

If I don't answer, or reply that I'll just see them in court, am I not guaranteeing that they'll go find evidence that they apparently do not have now?

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Upon what facts are you basing your conclusion that they don't have the evidence they need?

Yeah, I see your point, I can't prove they don't have it.

And, I guess the more I read, the more I don't really understand the purpose of the stipulation. If they want to dismiss, they don't need me to sign anything. All it does is discontinue *this* particular case...so they'd have to pay to get a new claim started and have me served, etc. Why do that? Why not just ask the court for more time?

Also, from what I can see, the stipulation would not diminish my right to appeal any judgement, and they are still bound by the SOL.

I feel like I am missing something.

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It says neither, so in NY that means without...

As I stated before, I don't believe the "discontinuance" necessarily operates to terminate the action. In New York, I believe they're used after the suit is concluded to preclude additional litigation.

I may well be wrong on this, but for your own good, please consult with New York counsel before signing the stipulation.

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I may well be wrong on this, but for your own good, please consult with New York counsel before signing the stipulation.

I looked into this a bit further and I do not think I was correct in my previous post. You may not need anything additional to terminate the action. In any event, it wouldn't hurt to confirm.

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Guest usctrojanalum

a stipulation of discontinuance, does terminate a lawsuit.

The stipulation nascar is thinking of is commonly called a stipulation of settlement, that is where the parties agree to some set of terms - and if the defendant defaults on those terms the plaintiff may enter a judgment.

However, a stip of disc as I usually call them most certainly ends a lawsuit. It is also what is called a "statutory" form which means that every single one in the State of NY contains the exact same language.

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Me again...so I looked online and my case is already disposed. If it's already disposed, why do I have to sign anything?

I did very briefly speak to an attorney. He said to go ahead and sign it, that the likelihood of them coming after such a relatively small debt again is minimal at best. However, he's not *my* attorney per se, so I am weighing his opinion with what I learn here. He did make the point that pushing to get them into court now could backfire on me. So, if he was the one taking the chance, he'd take a chance on them not coming back for it later. Any thoughts?

I am also speaking to a court clerk to see how it was disposed and what, if anything, I need to do now (like, do I still have to go to court?)

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Guest usctrojanalum

i'm guessing you check the status of your case on e-courts? when a case is disposed of it means it has been taken off the calendar and there are no future dates to appear.

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i'm guessing you check the status of your case on e-courts? when a case is disposed of it means it has been taken off the calendar and there are no future dates to appear.

Yes, on the Unified Court System...I was a bit confused though, because the date is still there.

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  • 2 months later...
I spoke to the clerk today, and she said the court date has been removed from the calendar and there's no further action required on my part.

So, I guess I am still wondering why, then, would I sign this thing?

Removed from the calendar means that whatever appearance was schedule has been cancelled, the case can still be active. When the case is dismissed it is no longer active.

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I also received the same letter from Forster and Garbus after I checked my credit report and saw that there was a default judgement on there from them. I sent them a later stating that I had no idea of this debt or the default judgement and that I want validation of the debt that I owe. Months later after sending numerous letters to them, I get this stipulation in the mail. I need this so called debt I owe off my credit report. I cannot afford a lawyer. Should I just sign these papers ? I am very confused.

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