GaylenF

Is this dismissal asking me to waive my rights to defend against Future collections for different accounts?

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(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).”

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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.

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