Stipulation Discontinuing Action Letter

[tazirose]

I received a stipulation discontinuing action letter from the attorney of the credit collection. I received a summon from them
last january of this year and i file an answer to the court clerk office. And now they sent me this letter that states:
"IT IS HEREBY STIPULATED AND AGREED , by and between the undersigned, the attorneys of record for all parties to the above entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee 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 costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court."
They signed the letter already and they are asking me to sign the letter too and send the 2 copies to them. what should I do?

Should I signed them and send the two copies or just ignore this letter? Do I need to do something other than that? Please help me. this is my first time for this kind of letter.

 

[fredrikklaw]

This miracle needs prejudice!

If it is any consolation, this is a first for me as well, and may well turn out to be the last also! I mean, whoever heard of a Credit Collection company doing an about turn?

Well, what you should do is accept the stipulation by signing and returning the document, but only after you have added two very important words that have been left out of the equation, which omission, the cynic in me says, was by design.

But I digress…

You should add the words WITH PREJUDICE as below to be sure that you will not be sued again before the statute of limitation expires. So take a red pen and write the words as suggested, then initial the addition, make a copy and send it to the Plaintiff unsigned and accompanied with a brief cover letter stating that your agreement is conditioned on the matter being discontinued with prejudice and to send you an amended stipulation for your signature.

"IT IS HEREBY STIPULATED AND AGREED , by and between the undersigned, the attorneys of record for all parties to the above entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee 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, with prejudice, without costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court."

fredrikklaw