When I started my journey into fixing my credit I had the luck of having a good attorney who I could call or come in and she would advise me on the basics of the law and what I needed to do to say file suit and court procedures. I let her know I planned on doing all of the hardwork on my own and would only need her as a legal advisor. This help was not free but I did consult with her often and she offered me very valuable information in settling court actions against CAs and OCs. She made it very clear that if I were to settle that I only do so if both parties released one another from liability, if certian conditions were met. This would favor both parties in getting things done. She helped me make out a "general release" which cost me about $200.00 and I now use it sucessfully over and over. I just modify things a little. I think this may help others on the board and don't have a problem giving this up. I must advise you that I am NOT AN ATTORNEY nor do I portray to represent one. ALWAYS HAVE YOUR ATTORNEY REVIEW EVERYTHING BEFORE YOU SETTLE A CIVIL ACTION!! I amd my attorney cannot be held responsible if you use this general outline I am posting here. This is an actual gen release I used for NCO. Use it at your discretion! ***************************************** General Conditional Agreement and Release of Liability I,being or acting as the Authorized Agent for or on behalf of NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL agree to the following terms and conditions of this agreement and with respect to said agreement will follow such as prescribed herein reasonably and within 15 days of signing such. I, being or acting as the Authorized Agent for or on behalf of NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL will absolve and release from liability YOUR NAME HERE , any debts due, claims and or judgements owed to NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL or any of their agents or representatives who act in their behalf. I, NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL will make payable a check in the amount of $ADD YOUR AMOUNT, US dollars made out to YOUR NAME HERE, for full payment for any alleged violations or rights against YOUR NAME HERE, concerning the actions of or methods employed or used by NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL in the collection and/or reporting of said debt. Payment will be made and sent via regular US Mail or any other reasonable means and sent to 1234 Any town USA, 90210, before said agreement herein is signed by YOUR NAME , I will consider this to be full monetary settlement in regards to said civil action against NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL. I, being or acting as the Authorized Agent for or on behalf of NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL will contact any and all credit reporting agencies, namely (TransUnion, Equifax or Experian) that this alleged debt has been reported to and allegedly owed to NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL, by YOUR NAME HERE, and clearly communicate to them either by phone, in person or writing that any reporting of said account or alleged debt is to be completely deleted and removed with no trace of activity or presence from any and all credit files in regards to YOUR NAME HERE, Social Security #123-45-6789, and further agree that this account will not be re-reported or re-appear at any date after this conditional agreement has been signed by NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL. I, being or acting as the Authorized Agent for or on behalf of NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL will agree to these following terms and conditions and will abide fully with this agreement. In return and exchange for complete compliance with this agreement, I, YOUR NAME HERE, will not hold liable NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL, their attorney, agents or heirs for any and all manner of actions, causes of actions, suits, debts, dues, accounts, bonds, convenants, contracts, agreements, promises, warranties, guarantees, representations, liens, mechanics liens, judgements, claims, counterclaims, cross-claims, defenses and or demands whatsoever, including claims for contribution or indemnity, whether known or unknown, past or present, asserted or unasserted, contingent or liquidated, at law or in equity, or resulting from assignment, if any (collectively referred to as the claims) which YOUR NAME, ever had, have and/or hereinafter, shall or may claim to have against NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL, Their attorney, agents or heirs, for or by reason of any cause, matter or thing whatsoever, arising from the beginning of time to the date of execution of this general release and condition of liability, including, without limitation, any matters arising from, related to or in connection with the subject matter and causes of action pleaded herein. I, NCO FINANCIAL SYSTEMS INC., aka MARLIN INTEGRATED CAPITAL, will not hold liable YOUR NAME , their attorney, agents or heirs for any and all manner of actions. causes of actions, suits, debts, dues, accounts, bonds, convenants, contracts, agreements, promises, warranties, guarantees, representations, liens, mechanics liens, judgements, claims, counterclaims, cross-claims, defenses and or demands whatsoever, including claims for contribution or indemnity, whether known or unknown, past or present, asserted or unasserted, contingent or liquidated, at law or in equity, or resulting from assignment, if any (collectively referred to as the claims) which NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL, ever had, have and/or hereinafter, shall or may claim to have against YOUR NAME HERE, their attorney, agents or heirs, for or by reason of any cause, matter or thing whatsoever, arising from the beginning of time to the date of execution of this general release and condition of liability, including, without limitation, any matters arising from, related to or in connection with the subject matter and causes of action pleaded. This General conditional release of liability agreement is contingent upon NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL, complying fully with the above conditions and only releases NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL from all liability if these requirements and conditions have been met. Furthermore, this agreement does not release from liablity NCO FINANCIAL SYSTEMS, INC., aka MARLIN INTEGRATED CAPITAL, from any future legal actions for any new future violations of any state or federal laws against YOUR NAME HERE, for which are seperate from this agreement and the actions described herein for which this matter is being settled now by signing and agreeing to this general release. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have caused this General conditional Release of liability to be executed on this day ___ of July, 2002. WITNESS: __________________________ _________________________ Authorized Agent or Attorney NCO Financial Systems Inc. aka Marlin Integrated Capital IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have caused this General conditional Release of liability to be executed on this day___ of July, 2002. WITNESS: __________________________ ___________________________ Your name here ___________________________ 2nd persons name here if applies ***************************************** I have used this release several times and just changed the name of the companies and amounts around to fit my specific needs. I have never had an attorney I've sent this to disagree with it or not sign it and send it back to me. Some signed immediately upon receiving and reviewing such and faxed it back to me that day. You will always need a signed agreement to protect yourself if something should happen. This agreement is to be used for those who wish to settle before going to court. I hope this helps you out!! Tac
NCO caved in the easiest of any company I have ever sued. The attorney for them did not even argue anything. The very first time I spoke to her she asked who do we make a check out to?? and what do I want them to do?? She is a very nice person and you shouldn't have any problem with NCO complying then. Good Luck! Tac
tac, getting ready to sue NCO, too. they are hanging a MCI account over my head. did u file in small claims before they contacted you? what contact info did u use for them? I am sueing Equifax check services and NCO next week.
I sued in Pa small claims court, which is very generous in allowing an individual to sue up to $8000.00 which is the most out of any states. The court mailed the summons via US Mail Certified and Registered to: NCO FINANCIAL SYSTEMS, INC. 507 PRUDENTIAL ROAD HORSHAM, PA., 19044 It was not addressed to anyone or registered agent just listed as stated above. The day they received my summons the attorney called me immediately and wanted to know what and how they could settle. In essence it was settled that very day as the attorney agreed to my demands! She is very nice, punctual and returns all phones calls. They were actually a pleasure to deal with. You should have no problem settling with them, at least their attorney's have common sense. Tac
I may have been mistaken, My Attorney said it was PA??? who knows! I figure if I'm going for anything more, then small claims shouldn't be the way to go at that point! Tac
Sorry to bump this, but... Somewhere on this site I saw a similar letter that was a little scaled down a bit. If anyone happens to have it bookmarked, would you mind posting the link? Thanks.
