GaylenF Posted October 18, 2020 Report Share Posted October 18, 2020 (Names and numbers have been changed to protect the not so innocent) So I have received a Mutual Dismissal Agreement to sign and return, but in some of the wording it feels as though I am being asked to sign away my right to defend myself if the Debt Buyer has or purchases in the future another debt account in my name. Below is the revised version from their attorney, but the highlighted section feels like I'm being asked to waive my rights because of the underlined word, "any". My next requested revision is to ask them to change "any" to "this" (or remove that part of the sentence altogether). To me this implies that they may already have another debt account of mine in their back pocket that they are waiting to spring on me. Am I wrong to feel like this is asking me to waive future rights? Would my oversimplified solution of changing one simple word work to protect my rights to defend myself in the future? “In consideration of the relief described in the foregoing Paragraphs, the sufficiency of which is hereby acknowledged, Consumer, and anyone acting on her behalf, releases, waives, and discharges (THE DEBT BUYER) from any and all claims in connection with the account ending in XXXX, cause number #######-###, from the beginning of time through to the execution date of this Agreement, including but not limited to any claim for damages, attorney fees, costs, or sanctions, as well as any claim arising out of or related to any account in Consumer’s name (including but not limited to the reported or attempted or actual collection thereof).” Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted October 19, 2020 Report Share Posted October 19, 2020 This does not appear to deal with future claims. The wording is from the beginning of time until the agreement is executed. Nothing about after that agreement is executed. 1 Quote Link to comment Share on other sites More sharing options...
alwayswinning36 Posted October 22, 2020 Report Share Posted October 22, 2020 General rule, you can't predict the future. Same applies in instances such as this. Basically they don't want you coming back and suing them is all they are wanting you to agree to. If there is no "other account in consumers name" at the time the agreement is signed, then you DO NOT expressly agree to waiving your rights to damages, etc. in the future. As you cannot see or predict the future. If that makes sense. Quote Link to comment Share on other sites More sharing options...
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