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I got a notice in the mail today from Midlands attorney asking to dismiss "amicably" with prejudice! Thanks to everyone here for the wonderful advice and on the arbitration forum. I think when they got the bill from JAMS, they changed their minds. Woo hoo!

Now, will Midland remove the item off my credit report?

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Do I have to put that in this agreement I am signing?

 

In addition to having all trade lines deleted from all CBs I would put in that the debt be cancelled without a 1099. 

 

CONGRATULATIONS on the WIN!  ::USA::

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The lawyer wants me to sign the stipulation for mutual dismissal for the court that says we are dismissing mutually with prejudice.

Fine, but not before the lawyer agrees in writing to remove all negative references by Midland or its assignors on your credit report.

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The lawyer wants me to sign the stipulation for mutual dismissal for the court that says we are dismissing mutually with prejudice.

Did you have a countersuit against them?

Congratulations BTW.

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No I did not.  I filed with JAMS.  I went ahead and paid $125 and that made them owe $675 before JAMS would even begin.  The agreement stated that they would pay all but the $125, so JAMS accepted that.

 

So do I just call the attorney and say that I am willing to sign, but I need something in writing where they agree to remove the item from all credit reporting agencies, no 1099 and that the alleged debt is cancelled and can not be sold?

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Great job!   :)%

 

So do I just call the attorney and say that I am willing to sign, but I need something in writing where they agree to remove the item from all credit reporting agencies, no 1099 and that the alleged debt is cancelled and can not be sold?

 

Yes, exactly. They should be used to these requests by now.

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So do I just call the attorney and say that I am willing to sign, but I need something in writing where they agree to remove the item from all credit reporting agencies, no 1099 and that the alleged debt is cancelled and can not be sold?

 

Yes. Once you get it take the contract to someone to review.  Some law schools offer free services or you might even check with your local legal aid. It never hurts to make sure everything is in order before you sign any type of contract/agreement. 

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It's a small point but possibly you want to phrase it that "the debt cannot be substantiated as mine.  Any Credit reporting of this debt is therefore misleading, and in violation of the FCRA.  I agree not to pursue damages for this FCRA violation provided all reporting is removed  within 30 days of signature of this agreement.  Since the debt cannot be substantiated as mine there is no cancellation of debt giving rise to taxable income to me, and any issuance of a 1099c or other tax document to my social security number would be actionable as tax fraud.  Since this dismissal with prejudice puts an end to this matter no resale of this claim is permitted and any such resale would constitute fraud."

 

My reasoning is that if you just say delete the tradelines, no 1099c, they may say you are asking them to violate their CRA agreement and IRS rules.  The key fact is that by dismissing with prejudice they are acknowledging that this claim cannot be proven.  The CRA reporting, 1099c and resale items flow from that fact.

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Don't forget about your cost bill. Put together all your expenses of filings, paperwork and all the other unnecessary expenses you had to forgo to defend yourself against this frivolous lawsuit. When you stipulate make sure the repayment of all your expenses is included in the settlement. I've seen sample templates of cost bill's on this forum. Very similar to an itemized statement. Don't let them off free. 

 

HP

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Always ask for dismissal "with" prejudice of the court case, deletion of all negative tradelines, no selling of the debt and no 1099.

 

And I would ask JAMS for your $125 back.  Since the arbitration did not progress, they might send it back.

 

Congratulations!

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Congratulations!

 

I wonder if anyone has used a broad release of liability like this one: http://www.groundbreakinglaw.com/2012/10/29/beware-of-the-release-swinerton-lawsuit-barred-based-on-poorly-worded-stipulation/

to prevent a vanquished foe from filing a 1099C or verifying a derogatory to a CRA.

 

Perhaps a "poorly worded stipulation" can have some benefit.

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