Settlement Agreement Language

Discussion in 'Credit Talk' started by enigma, Jun 21, 2004.

  1. enigma

    enigma Well-Known Member

    I am going to settle a claim against a CA. They want me to sign a Release. One of the paragraphs states:

    WHEREAS, the Parties desire to fully resolve this dispute concerning the Alleged Violations that where asserted by XXXXXX, or that in the future could be asserted by XXXXX against CA;

    The red sentence bothers me. If I signed it as written, I forever lose my rights to file against them in the future on an unkown future violation. Am I reading that correctly?
     
  2. Lacey

    Lacey Well-Known Member

    sounds like it - I would amend it to add language limiting the sentence to refer to your particular account involved and initial it - send it back for them to initial and tell them you'll sign the amended version --- just my thoughts -
     
  3. pd11604

    pd11604 Well-Known Member

    You are right to be wary, but if you read the entire sentence, they are referring to the current dispute.(in blue)

    If you were to agree to this as written, it would not prevent you from asserting your rights in a FUTURE dispute

    (Just my opinion, you could have a lawyer look over the agreement for you)
     
  4. Lacey

    Lacey Well-Known Member

    true - but I think alot would depend on just who the CA was and what kind of rep they have - esp if you have any other accounts with them at present --- better safe than sorry - I agree - good idea to have a lawyer just take a look at it - if you don't ahve a friend or acquaintance who could, contact your local state Bar Assoc office - they can steer you towards someone-
     
  5. pd11604

    pd11604 Well-Known Member

    Re: Re: Settlement Agreement Language


    (They are all NO GOOD!) - LOL
     
  6. Lacey

    Lacey Well-Known Member

    Re: Re: Settlement Agreement Language

    this is true!!! what was I thinking?!!!!!!!!!!!!!!
     
  7. enigma

    enigma Well-Known Member

    Re: Re: Settlement Agreement Language

    I crossed it out, faxed it back to them, got my check Wednesday.

    They didn't even question it.
     

Share This Page