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3 messages
Jill,
Pursuant to our earlier phone conversation, please find the enclosed proposed release agreement. Please review and
advise.
Mr. Moseley,
Unfortunately, I find that the terms of the agreement are not amenable to a "compromise" due to the extensive
expectation upon myself to release "any of all claims" against the Plaintiff, its affiliates, subsidiaries, attorneys, etc.
Make no mistake that the "Plaintiff Released Parties" referenced in the proposed agreement, have engaged in some
questionable conduct in relation to their pursuit of this "debt" and/or "account" including but not limited to potential
violations of the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Georgia Fair Business
Practices Act. It is an unrealistic expectation that I should release any and all claims, known to me now or in the future,
against the Plaintiff I wish to preserve my rights as a consumer.
In addition, I intend to support my counterclaim and motion for attorney's fees at the close of this issue, which is a
viable and deserved resolution. I expect, as you stated on the phone,that your client will not entertain any other
settlements and releases. However, I am open to any communications you may have but I fully expect that we will be
going forward to trial next week.
Sincerely,
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the “Agreement”) is made this ___ day
of ______________ 2010, by and between Jill Sheridan (“Defendant”) and Midland Credit
Management, Inc. (“Plaintiff”) (collectively the “Parties”),
WHEREAS, Defendant incurred certain debt related to a Chase Bank (USA), N.A.
account identified by account number 4266841088936511 (the “Debt”) and Midland
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Credit Management, Inc.’s account number 8531397415 (the “Plaintiff Account”),
WHEREAS, the Parties hereto desire to compromise, settle, and release any
and all claims arising out of and relating to the Plaintiff Account, any sale, assignment,
or transfer of the Plaintiff Account, the Action, or the Counterclaim.
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NOW THEREFORE in consideration of the mutual promises and covenants set
forth herein, the Parties agree as follows:
(c) Defendant acknowledges that the Credit Bureaus’ processes for acting on
MCM’s requests may take up to 120 days to be completed, and that MCM and Plaintiff
shall not have any obligation to follow up with the Credit Bureaus to ensure deletion.
Provided that MCM has requested deletion of the reporting of its trade line(s)
associated with the Plaintiff Account, Consumer hereby waives any and all claims,
whether arising in contract or tort, common law or statute, and/or federal or state
law (including, but not limited to, claims for any damages, attorneys’ fees and/or
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costs) against Plaintiff that may arise subsequent to the date of this Agreement or
which arise out of or relate to actions required to be taken by MCM/Plaintiff pursuant
to this provision.
14. Confidentiality. The undersigned hereto agree that they will not, at any
time, without the express written consent of each of the other party, communicate,
disclose or acknowledge the terms of the settlement, or this Agreement, to any person
SETTLEMENT AGREEMENT AND RELEASE
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or entity except as required by court order, except as may be necessary to delete the
trade line(s) of the Plaintiff Account with Credit Bureaus. The undersigned may
disclose that this matter has been settled to the undersigned’s satisfaction.
15. Mutual Drafting. This Agreement is the product of negotiations “at arms
length” between the undersigned, both of whom are represented by counsel. As such,
the terms of this Agreement is mutually agreed-upon, and no part of this Agreement
will be construed against the drafter.
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Jill Sheridan Midland Credit Management, Inc
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By: By:
Name:
Date: Date:
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NOTARIAL CERTIFICATE
STATE OF ______________ )
COUNTY OF ____________ )
Subscribed and sworn to (or affirmed) before me on this _____ day of ______________,
20____, by __________________________, proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
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Seal
Signature
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