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Midland cashed the funds but did not file a dismissal!

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asse0208:


      Hi,

    I have a pre-trial date set for tomorrow for a case where I was sued by Midland but ended up reaching a settlement agreement on during mediation. I received an agreement letter informing me that once the funds are received by Midland at or before a certain date, their attorneys would file a dismissal with the court.

  I sent the check along with a letter outlining the agreement. I had a mediation set for the month after the payment was sent, so I called them informing that I have already sent the payment and they informed me that they would check with the plaintiff to make sure that this was settled. I never received a call after that.

  Few weeks later, I received a pre-trial notice so I called the attorney for Midland and he said that due to the letter my payment was returned but it was not a big deal as I could just wait for it in the mail and then take it to him directly. The check finally came back to me the day before I was going on vacation. I was not able to reach him and called him upon my return. I was called by someone who works for Midland so I explained the situation and re-sent the payment to them as they asked for it.

  So now, I have sent the payment, they have not filed a dismissal or got in touch with the court. I went to the bank to get a front and back of the check copy, and it is very clear that it was deposited into the attorney firm's account. I will take all of this with me to court tomorrow. However, I want to know whether there is now something that I can file against them since they did take the funds but did not hold up their end of the agreement OR because eventually the check was accepted after the original agreement date, do I not have a chance to do anything?


   Any help would be greatly appreciated. I want to see if I can get something out of this for their failure to follow the agreement.


Thank you very much.

cprems:
The most important thing you can do is show up.

You want the case dismissed WITH prejudice.

Take all the paper work you have with you.

How old was this alleged debt?

What State are you in?

KFMAN:
See JDB section, although it appears too late.

Did they add fees and interest to the original amount?

If so where is the contract that gives them that right?

asse0208:


   The alleged debt was approx $3000, we settled for $1000. The agreement sent to me clearly says that if they are paid the settlement amount, they would file a dismissal with prejudice which they failed to do.

  I am going to show up tomorrow. I just wanted to see whether there was anything that would allow them to get away with this and/or whether there is anything I can file against them.

kevinmanheim:
I would show up in court and see what happens.

If they attorney does anything other than dismiss with prejudice, I would sue the attorney and his firm for a FDCPA violation. I would sue the JDB for a FDCPA violation. I would report the attorney to the state bar.

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