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Breach of settlement


gowyo
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On Valentines day the wife and I entered into a settlement agreement with a local JDB. The agreement says "Any and all debts placed with the Plaintiff shall be written off by the Plaintiff and no longer pursued for collection." No dates or time frames except the day we signed. Today in the mail the wife gets an initial dunning letter from these clowns dated the 15th.

I think any and all means any and all. Even if it didn't it could easily be argued the debt they dunned her for should be included in the settlement agreement because they certainly knew about the debt the day we settled.

Could they face the original claims that caused the settlement? They have fixed the FCRA violations.

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Sounds like some potential FDCPA claims here, not my field, but this looks fairly obvious. Also a breach of contract issue considering they made a promise and broke it the next day. Nice. Typical jdb lawyer. Me, I'd throw a massive lawsuit at them for everything I could think of. Unfair Trade Practices, breach, harrassment, FDCPA, etc. I'd also file a complaint with the bar association. We can't help much unless we know where you live, each state has different statutes that may apply.

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On Valentines day the wife and I entered into a settlement agreement with a local JDB. The agreement says "Any and all debts placed with the Plaintiff shall be written off by the Plaintiff and no longer pursued for collection." No dates or time frames except the day we signed. Today in the mail the wife gets an initial dunning letter from these clowns dated the 15th.

I think any and all means any and all. Even if it didn't it could easily be argued the debt they dunned her for should be included in the settlement agreement because they certainly knew about the debt the day we settled.

Could they face the original claims that caused the settlement? They have fixed the FCRA violations.

Who drafted the agreement? Check the law in the State of Confusion and see if it has a doctrine that any ambiguity in an agreement is to be construed against the drafter.

Good luck.

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