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Plantiff Wants to Dismiss if I Dismiss Counter Also


Slippy
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Been over a year now since this whole process started. I have kicked and fought the whole way and as well put the plantiff to work and on the defense my counter claim (FDCPA Violations). It comes down to this now.

The Plantiff, a JDB would like to dismiss the case and has supplied the following document for me to sign and the court to approve.

ORDER ANS STIPULATION FOR DISMISSAL

Plantiff (their name here) by and through its council (atty name here), and the defendant (my name here), pro per, stipulate and agree that all claims of all parties in this case be, and hereby are, dismissed with prejudice, with each party fully releasing the other and agreeing to bear their own fees and costs.

( place here for signatures and my notary on my behalf)

and for the Court....

ORDER

Upon foregoing stipulation and goof cause therefor, IT IS HEREBY ORDERED that this case be, and hereby is, dismissed, with prejudice, with each party to bear their won fees and cost.

IT IS SO ORDERED (Place for judge to sign/date here)

I wanted to add the following to protect myself in the future in regards to the alleged debt.

The Plaintiff so agrees to:

A. Delete the trade line from the credit bureaus within 30 days of this agreement and never be reported again or put back on after deletion.

B. That this debt be fully extinguished and not sell, transfer or reassign this account/debt to any other parties.

C. fully release the defendant from all claims related to this debt, past present future.

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

What are your thought, anything missing and should I through them back a bone in that I agree not to after them for anything else?

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It's called a covenant not to sue. The debt must be marked paid in full and satisfied by the original creditor. That kills assignment. No 1099. Apparently they know they are going to lose the counterclaim, otherwise they would not do this. Ask for the statutory relief as a condition.

Edited by legaleagle
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Just take the stipulation...as a condition, the JDB removes any reporting from your credit report.

Then, the debt is eliminated and the JDB is off of your credit report. The OCs reporting stays, but given this is an older debt..the OCs reporting has less of an impact than the JDBs reporting.

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Just take the stipulation...as a condition, the JDB removes any reporting from your credit report.

I just pulled my CR from all 3 CRA's and they pulled it off a few weeks back (not sure why). BMC100, so do you feel since it's with prejudice it won't pop back up again with another JDB?

The OCs reporting stays, but given this is an older debt..the OCs reporting has less of an impact than the JDBs reporting.

The OC never reported it on to the CRA's lucky for me.

Thanks for all the replies.

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I just pulled my CR from all 3 CRA's and they pulled it off a few weeks back (not sure why). BMC100, so do you feel since it's with prejudice it won't pop back up again with another JDB?

Anything is possible, but they are going to have a harder time selling with a with prejudice entry.

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If it is dismissed with prejudice and the JDB sells it again...then they would breach the stipulation to dismiss..which would open them back up to FDCPA claims. Just send the dismissal to the news JDB and if they press further, then sue them.

If it makes you feel at ease, tell the current JDB that part of the stipulation is to eliminate the debt.

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If it is dismissed with prejudice and the JDB sells it again...then they would breach the stipulation to dismiss..which would open them back up to FDCPA claims. Just send the dismissal to the news JDB and if they press further, then sue them.

Ok this makes sense and I doubt they want to go down this path again with me as well.:D

Thanks

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  • 2 weeks later...
Is it worth a year of your time and effort to not collect on your counter suit?

In this case I beleive so. The main goal was to get the case resolved with prejudice in my favor. Overall time wise, I probably spent about 50 or so hrs on the case so far over the year.

I have a very strong counter claim, (therefore thier wish to dismiss) but realistically probably couldn't get the full $6000.00 and maybe just 1000.00. I would have to have spent another 40 hrs or so to get ready for court and loose time from work and so on.

So in my eyes I have prevailed at this point.:)

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In this case I beleive so. The main goal was to get the case resolved with prejudice in my favor. Overall time wise, I probably spent about 50 or so hrs on the case so far over the year.

I have a very strong counter claim, (therefore thier wish to dismiss) but realistically probably couldn't get the full $6000.00 and maybe just 1000.00. I would have to have spent another 40 hrs or so to get ready for court and loose time from work and so on.

So in my eyes I have prevailed at this point.:)

My wife says that if I get a ruling in my favor I should leave it at that quite while I am ahead. Where the court might like this dismissal with the changes you advocate, they might not like it if you force a trial.

If you think that you can defeat their claim, and when on yours with 100% certainty then roll on. If you think that you may go down flaming at trial, then this might be a better option.

You have done very well to this point, and it will be harder for anyone to collect on you again. You knew going into this that you would have to spend time of yours to achieve a win. At this point they are waving the white flag the court will turn on you if you machine gun them coming out of the fort.

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