Legal Question in Credit and Debt Law in New York
Hello, I was recently taken to court by a law firm for a credit card debt issue, which was disposed by the court, because I was a minior when that account was opened and had been in the past and still was being victimized for Identity theft by another person that I know. She informed me that the case was going to be thrown out, but that I had 1 year before they could try to take me back to court. She also informed me to ignore any letters that came from their firm re: this case.
Last week, the law firm sent me 2 copies of a "Stipluation of discontinuing Action and Mutual Releases" form, signed by one of their lawyers with a space for me to sign next to it. From my understanding of this letter, they are dissmissing this case. At the bottom, it says "This Stipulation may be filed with the Clerk of the Court without further notice to any party". They also enclosed a self addressed paid envelope for me to send the signed letter back to them. Should I send it to them or file in court?
2 Answers from Attorneys
Before signing anything, you should have an attorney review the document. You may be waiving your rights and remedies. Undoubtedly, the firm has its own stipulation. Therefore, without reviewing the document, I cannot provide an answer.
(Also licensed in New York)
To specifically answer your question, I would sign the document, keep a copy and return the signed document to them for filing.
This answer assume that the document is a stipulation to discontinue the action, with prejudice, and a general release.
Mike.
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