mquinton12345

Texas Trial Date Against Portfolio Recovery Associates, LLC. Soon--Need Help

28 posts in this topic

He asked for your settlement first without offering one themselves.  Do NOT be timid in asking for what you want.  I would have asked for a dismissal with prejudice (since that can take care of any CRA issues), but what you asked for is fine.  I suspect they may take it as you asking for a mutual release, which could be just as good as a dismissal with prejudice.  If they agree and ask for you to sign a settlement agreement that says you are released of all liability, then regardless of the tradeline issue, that can be used to remove a tradeline.

Share this post


Link to post
Share on other sites
21 hours ago, fisthardcheese said:

He asked for your settlement first without offering one themselves.  Do NOT be timid in asking for what you want.  I would have asked for a dismissal with prejudice (since that can take care of any CRA issues), but what you asked for is fine.  I suspect they may take it as you asking for a mutual release, which could be just as good as a dismissal with prejudice.  If they agree and ask for you to sign a settlement agreement that says you are released of all liability, then regardless of the tradeline issue, that can be used to remove a tradeline.

Well, let me be the first to share the good news I received about half an hour ago.

Email dated today:

Mr. ----,

 

I have attached the mutual release that was reviewed and approved by my client. Please sign and send back to me.  We will then file a dismissal with prejudice with the court. Thanks.

 

My reply:

Mr. ----,
 
Thank you for your diligence in this matter. You will find the signed document attached. I hope you have a pleasant rest of your day.
 
Sincerely,

 

The trade line deletion was also granted. I can attach the settlement agreement if you'd like to see it. Basically, it's all over! Mutual release with trade line deletion and a dismissal with prejudice! THANK YOU ALL SOOOOOOOOOOO MUCH!

 

One last question: Is it still a good idea to show up to court tomorrow? I'm thinking I will just to be on the safe side.

Share this post


Link to post
Share on other sites
3 hours ago, mquinton12345 said:

Well, let me be the first to share the good news I received about half an hour ago.

Email dated today:

Mr. ----,

 

I have attached the mutual release that was reviewed and approved by my client. Please sign and send back to me.  We will then file a dismissal with prejudice with the court. Thanks.

 

My reply:

Mr. ----,
 
Thank you for your diligence in this matter. You will find the signed document attached. I hope you have a pleasant rest of your day.
 
Sincerely,

 

The trade line deletion was also granted. I can attach the settlement agreement if you'd like to see it. Basically, it's all over! Mutual release with trade line deletion and a dismissal with prejudice! THANK YOU ALL SOOOOOOOOOOO MUCH!

 

One last question: Is it still a good idea to show up to court tomorrow? I'm thinking I will just to be on the safe side.

Congrats!! You had a smart attorney on the other end who knew that once you filed the MTC it was all downhill for their client and you didn't even have to have a hearing on it.  Very nice!

It is likely that once they electronically file the dismissal today that the hearing will be removed from the court's calendar.  However, I would check tomorrow morning either online or by calling the clerk and see if the dismissal was signed or if the hearing is still scheduled.  If the hearing is still on the docket, I would show up just to be safe.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now