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  1. #1
    Join Date
    May 2011
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    2

    Default Settlement Agreement for Credit Card Before Being Served in Missouri

    My question involves collection proceedings in the State of: Missouri

    I noticed on www.courts.mo.gov/casenet that there was a lawsuit filed agaisnt me for a credit card I have not paid on. I contacted the attorney for the credit card company and we agreed to a settlement of 30% of the balance. They emailed me the copy of the agreement and I have to pay by monday, may 16. I intend to pay this amount. I have not been served with a summons yet but a neighbor said someone had paperwork a couple days back and was at my door when I wasnt home. Even after I pay this amount, will I still be served? Say I am served and the creditor does not file to dismiss and I appear on the court date, how do I get the case dismissed with prejudice as it seems attorneys like to agree to dismiss without prejudice, thus opening the door for a possible later lawsuit. Does it even matter in Missouri which way it is dismissed since the wording of the agreement states as follows :

    "The above referenced creditor has authorized us to settle your account upon payment of 30% of your balance or the sum of XXXXXXX. Please send your payment to our office on or before May 16, 2011. If you would like to pay by phone, please call XXXXXXXXXXXXXXXXXXXXXX to take advantage of this great savings. We are not obligated to renew this offer.We accept checks by phone and post dated checks.
    This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose."

    Any insight is appreciated.

  2. #2
    Join Date
    May 2011
    Posts
    2

    Default Re: Settlement Agreement for Credit Card Before Being Served in Missouri

    thanks for the help geniuses

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Settlement Agreement for Credit Card Before Being Served in Missouri

    Have the lawyer confirm in writing that upon the successful deposit of your payment of 30% as settlement in full of the debt, the case will be dismissed with prejudice. The letter should specifically identify the debt (including the creditor and, if applicable, account number) and the lawsuit (including the case number).

    You posted your a-hole comment while I had this window open. Now I regret helping. Geez.

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