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thetasine

Sued in Ohio. Negotiated settlement, paid, still have to answer complaint.

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As the title states, I was sued by Stenger & Stenger on behalf of the Plaintiff in Franklin County Civil Court (Ohio) in late December. A couple days after Christmas, I spoke with the attorney and we agreed to a settlement of 60%. Attorney stated they would send the paperwork for me to sign. Within this time I had to file a motion with the court for an Extension of Time, which was granted.

I received the paperwork two weeks ago, signed, copied and emailed to their office, as well as the original returned via mail. The same day I also paid the full settlement amount, before it was due, and for which I have a receipt.

I have been waiting since then for additional paperwork that states that the claim is settled, as well as them to file for a motion of dismissal with prejudice. All of which was agreed to on the phone with the plaintiff's attorney when I initially contacted them.

However, I still need to file my answer with the court. My question is: How should I answer it? I called their office to speak with the attorney again, and he was unavailable. I asked them to forward a message to them stating that I would be answering the complaint if a motion to dismiss is not filed by my answer due date.

What is the best way of going from here? Unfortunately, I was stupid and probably should have asked this here at the onset, but I only have a few days to answer.

If you need a copy of my settlement offer, I can post it here (with redacted PII).

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I found further forum topics that dealt with this issue. I understand that my answer should be " I deny all allegations contained in the complaint and assert the affirmative defense of accord and satisfaction.  " Do I also need to submit my receipt and agreement as evidence in the answer?

 

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17 hours ago, thetasine said:

I found further forum topics that dealt with this issue. I understand that my answer should be " I deny all allegations contained in the complaint and assert the affirmative defense of accord and satisfaction.  " Do I also need to submit my receipt and agreement as evidence in the answer?

 

That may not be necessary, but wouldn't hurt.  You want the court to see the case has been settled and should be dismissed.  If they keep playing games with you, you may have a consumer complaint against them.  I have used this law firm, with success, in Ohio:

http://www.fairdebtcollectionhelp.com/

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20 hours ago, nobk4me said:

That may not be necessary, but wouldn't hurt.  You want the court to see the case has been settled and should be dismissed.  If they keep playing games with you, you may have a consumer complaint against them.  I have used this law firm, with success, in Ohio:

http://www.fairdebtcollectionhelp.com/

Thanks for the info, very helpful.

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