Settlement agreement and mutual release

Submitted by Anonymous (not verified) on Mon, 03/22/2010 - 22:47
Forums

Without admission of fault, I would like to settle an account with a collection agency and have the account deleted from the three reporting agencies. I received a settlement agreement and mutual release from the collection agency. It states "Upon receipt of this signed agreement, "collection agency" will in the normal course of business notify all reporting credit bureaus to delete xxxxx's account from credit reporting. xxxxx understands and acknowledges that "collection agency" can only request that the account be deleted and cannot unilaterally delete the account from credit reporting; and that in order to ensure that the account is deleted xxxxx should submit a written dispute to the credit reporting agencies." It also goes on to have me give up a lot of rights to suit, etc.
Do you think that the wording in this is sufficient to have the account deleted? Is it true that the collection agency cannot unilaterally delete the account and can only request it to be deleted?
Thank you very much for your response!

it sounds pretty good, but it needs to say that no creditor has any right sue on this matter.

Mon, 03/22/2010 - 22:52 Permalink
Rusty (not verified)

In regards to that it says:
This release may be pleaded by the party or parties being released as a full and complete defense to and my be used as the basis for an injunctin or restraining order against any action, suit, claim, or other proceeding of any thype which may be initiated, attempted, or prosecuted in violation of the terms hereof.
It also says:
The undersigned expressly waive(s) any and all claims, including, but not limited to claims arising under the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Consumer Credit Reporting Agenicies Act, Rosenthal Fair Debt Collection Practices Act, and the undersigned exptressly waive(s) the provisions of Section 1542 of the California Civil Code, and any similar law of any state or territory of the United States or any other jurisdiction. California Civil Code Section 1542 provides as follows: A general release does not extend to claims which the creditor does not know or suspect to have exist in his favor at the time of executing the release which if known must have materially affected his settlement with the debtor.

Does this say that no creditor has the right to sue in this matter?
Thanks!

Mon, 03/22/2010 - 23:13 Permalink

no actually it seems that there is a back door for the creditor.

Mon, 03/22/2010 - 23:16 Permalink

Hi Rusty,

The wording is sufficient to have the account deleted. However, I think it is better to consult an attorney to get a better advice. And as far as the "It also says" part, I think that the creditor is conveying that he won't be responsible for any third party dealings. If you get sued by a collection agency, in case your account was handed over to them, the creditor can't be held responsible for the lawsuit.

However, if you get sued, you can defend yourself with the expiration of Statute of Limitations (SOL). SOL is the time limit within which a collection agency can sue you for not paying the dues. However, if the SOL has expired, they won't be able to sue you. Thus, you can check the SOL of your state. SOL varies according to the state you live in and the type of account.

Hope this helps.

Regards,

Aaron

Tue, 03/23/2010 - 10:45 Permalink

it seems to say that the creditor can sue you if he determines that there is new information.

Tue, 03/23/2010 - 11:17 Permalink
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Some Tinder users who bend the certainty might say they do it so that potential mates don't weed them out. They hope to win quickly in person, And in some cases they succeed. but it is a poor argument for lying in the sexual setting. That line of opinion reflects an often misogynistic attitude of entitlement to sex that, In its more very bad forms, has been used to justify rape and has been embraced recently by the "unconscious celibacy, on the other hand incel, develpment.

Most people understand that there is no right to have sex with a person or with anyone at all, If nobody would. The MeToo movement rightly subjects all sorts of behaviors in the dating arena to greater questioning, And the legal boundaries in this context are up for fresh argument. How to handle sexual fraud in the age of Tinder should take part in those debates.

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Progress is moving forward so fast that it leaves us no time to stop and take a look at how it reshaped our way of life. Find Russian women for any type of understanding. They never try to compete with them in terms of profession or career. Many women from Russia are often described as modest, relaxing, unthreatening, tolerant, taking and not quick to judge. If you see a single Russian woman has an interest in you if she replies to your message, this in essence means yes, instruction, Pay flatters, Reveal some facts about your unique character. If your interests are drastically different, Find what you want to do together.

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using this method, While we strive to protect your information, We cannot guarantee or warrant the security of any information you transmit to or from our web sites, And you do so at homemade risk. Dishonest people who create fake women's profiles and ask men for money. We reserve the legal right to amend or alter such Policy at any time, And changes will provide immunity upon posting on our Websites with notice to you. The privacy policy pages and practices of such sites which apply to information you provided to such sites may differ from our practices as set forth in this Privacy Policy. simply, Buy a nice few flowers or bring a long stemmed rose.

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We have on average 50 000 screened single foreign women profiles. Blind love Do you've always wondered the secret of a mysterious Russian soul? meanwhile, Dont let your hot Russian lover make you more generous or less generous than you already are. Show her that you care about her by taking a desire for common cultural practices and traditions. Advanced Features We provide 18 languages to compliment our members. Show that you are confident in your gestures, eye-to-eye contact and what you do. for those who meet Russian women, they are thrilled with your behavior.

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