Q: I just recently paid off a settled credit card debt and received a stipulation discontinuing action to sign. Why? Also
I just recently paid off a settled credit card debt and received a stipulation discontinuing action. In the letter it states "It is hereby stipulated and agreed, by and between the undersigned, the attorneys of record for all the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued without prejudice and without costs to either party as against the other." Why after I paid the settled amount would the attorney try to discontinue WITHOUT prejudice? To me it sounds like they want to somehow try to pursue the other portion of the balance somehow (even though its over 7 years old)
A: You are right. I should be with prejudice. Just cross it out and change it. Some paralegal is copying a form. As long as you have some writing the payment is payment in full and satisfied by settlement, you are really OK though. You want the case marked off.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
