SoCal Somewhere

OC Lawsuit : Suttell & Hammer : Well this sucks...

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2017 OC Lawsuit w/ Barclays Bank Delaware sued by Suttell & Hammer.

Went through the response process, decided to settle for 75% in Dec 2019. S&H sends me a basic agreement letter with payment terms. Fine. I diligently follow the terms outlined in the agreement letter for 17 months. So, far so good, yes? 

BTW- ROA Status: "Court ordered entire action dismissed without prejudice" Feb 2020

Only in late March 2021, over 1 year later, S&H attorney sends me a proper Stipulation for Entry of Judgement via email along with an apology for the "delay" and for it "falling through the cracks". (Seriously?) The attorney also asks that I contact their office immediately if the terms of the stipulation do not conform to my understanding of the agreement, which they do not.

The settlement amount outlined in the stipulation is the same as the original agreement letter from Dec 2019. However, dates are not aligned. I'm scheduled to be done with my payments in Nov 2021per the agreement letter. The stipulation has me continuing/completing payments through Jul 2022. 

What's going on here? I'd like to think this is just a simple typo error on the dates.

Is there such a thing as scheduling an Ex Parte with the Judge to explain that I've been making payments aligned with the original agreement, sans stipulation? Why would S&H wanna 'eff this up?

UPDATE: as I write this, S&H attorney has emailed an updated stipulation conforming to the agreement and understanding that I've been operating under. So, clerical typo errors on those dates? Who knows. Confusing, maddening AF.

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This is why I recommend settling in one lump sum rather than with payments and especially with a stipulated judgement. As long as the correct agreement lines up with what you agreed to (The November 2021 date) and you are fine with it, you can sign it and finish it up. I think it would hold up in court if you tried to play games because the court would assume that the case was settled and thus that is why no action.

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