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stipulation of discontinuance NY


Kamal
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Hi Guys

 

can some one please hhelp me i got a bench trial with Foster & Garbus on 03/31 and today o recieved a stipulation of discontinuance from them to sign and to send back to them..what should i do why would they send me this am i obiligated to sign or shouldni take it to couet with me ..PLease Help!!!

 

thanks

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Guest usctrojanalum

just because you fought, they do not want to proceed. sign em and send em back. save a copy for yourself. and then go to court that day and just confirm that stip of disc has been submitted and matter marked disposed and you won this time. congratulations. 

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Guest usctrojanalum

You can but you run the risk of them not dismissing the case.  In all likelihood the dismissal will theoretically operate as w/ prejudice anyway since they are unlikely to proceed against you again. 

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1 hour ago, Kamal said:

Thanks for the info @usctrojanalum for the info..but i have read couple of formswhere they saying that if it doesnt say wprejudice dont sign just hand write in w prejudice and intial and send it back...u think itll be a good idea to do that? Thanks for the help

You'll read a lot of different stuff in a lot of different places.  @usctrojanalum is a much better source than  you're likely to find somewhere else. If he gave me advice on a New York issue, I'd follow it.

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  • 1 month later...
44 minutes ago, rostrow416 said:

@Kamal  Do you know if it was with prejudice or not?  I just got the same set of letters to sign, I have a trial set for next Thursday.

Thanks and congrats.

@rostrow416 it wasw/out prejudice but i was happy to be done and over w for now.  I did not sign anything instead took em to court w me and when my turn came i showed it to the court attonery and that smirky midland funding lawyer said "well we sent this to her a week ago but she refused to sign anything" 

 

p.s - which court u goinng to?

 

thanks

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2 hours ago, Kamal said:

@rostrow416 it wasw/out prejudice but i was happy to be done and over w for now.  I did not sign anything instead took em to court w me and when my turn came i showed it to the court attonery and that smirky midland funding lawyer said "well we sent this to her a week ago but she refused to sign anything"

To which I would have asked the attorney if they are ready to go to trial or if they wish to dismiss right here and now. You also could have requested that the dismissal be with prejudice at the trial. The judge probably would have refused that request but it never hurts to ask as you don't get 100% of the stuff you don't ask for in court.

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queens county court, I've had 3 cases against forster & garbus, 1 was dismissed w/prejudice, 1 was dropped by the OC after they confirmed it was fraud (they took it back from midland funding that hired f&g), this would be my last case, and my file will be clean.  all 3 cases involved credit accounts claiming I owed between $1100-1500.

I sent them a request for documents 45 days ago, and got nothing.  today I received the stipulation of discontinuance, it does say "This Agreement is intended to resolve forever the entire disagreement between Defendant and Releases."  I take that to mean they can not sue me again.   I would hope to get it removed from my credit report altogether, but not having to worry about going to court again is good enough.

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37 minutes ago, WhoCares1000 said:

To which I would have asked the attorney if they are ready to go to trial or if they wish to dismiss right here and now. You also could have requested that the dismissal be with prejudice at the trial. The judge probably would have refused that request but it never hurts to ask as you don't get 100% of the stuff you don't ask for in court.

@WhoCares1000 i would have tried if i could have you know how the court system works and dont talk until you are asked to all i was told to just wait to get the document of discontinuance.

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  • 2 weeks later...

hi Guys need help again, after my win i received a letter of discontinuance from the court and sent a copy to credit beaures with a letter to remove the listing but this came back as verified, what should i do now? Any Help! Please

Thanks

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A letter of discontinuance is not going to get this removed from your credit.  It only means that the debt collector decided to drop their lawsuit.  Nothing more and nothing less.  They are still legally permitted to attempt to collect on the debt.  They are still legally permitted to report it on your credit. , or at least, as legally permitted as they were before they discontinued the case.  You are confusing a discontinuance with a verdict on the merits.  They dropped their case, that does not mean that the debt is not legit.  Now, if you had gone to trial and the court heard testimony, then ruled in your favor on the merits of the case, that would be perhaps different.  But this will not be enough to get it off the credit reports.

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Midland has this on your credit report? 

Without knowing all the specifics of the account, plus whatever actions Midland has done so far, I would have no way to advise you on how this could be removed.  If Midland did enough things wrong, and they often do a lot wrong, you might have some leverage if you go on the offensive, but we would have to know a whole lot more than what you have provided here, and that is a long, drawn out process too.  How old is this account?  On the credit reporting, when does it show that the account first became delinquent?

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Well the original OC was credit one bank and report shows last payment made 5/23/13 and midland purchased the account 5/2014 and sued me. I requested them to provide me with all verificationswhere they send me copies of statmenta and BOS and they sent me. Letter of discontinuance 2 days before trial and when i went to court all i got was a court letter with discontiuance which i sent to CRA but midland verified the account

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On May 18, 2016 at 0:59 PM, kraftykrab said:

Midland has this on your credit report? 

Without knowing all the specifics of the account, plus whatever actions Midland has done so far, I would have no way to advise you on how this could be removed.  If Midland did enough things wrong, and they often do a lot wrong, you might have some leverage if you go on the offensive, but we would have to know a whole lot more than what you have provided here, and that is a long, drawn out process too.  How old is this account?  On the credit reporting, when does it show that the account first became delinquent?

 

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4 hours ago, Kamal said:

Hi Guys

can some one help pls

Discontinuance of the lawsuit does not mean the entry on your CR is inaccurate or that Midland doesn't own the account and shouldn't be reporting. 

Is Midland reporting everything correctly?

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