Dismiss with Prejudice?

[Anonymous]

Have a question for the Pros...I went to my pre-trial, Judge wasn't happy with Plaintiff for not showing...settled the case with my paying what I originally owed the OC; not CA...with the terms - NOTHING goes on my credit report and NO judgment entered on me.  Not really happy about it but it's over for this piece.

The Judge ordered Plaintiff to pay $100 sanction to me within one week and file the Motion to Dismiss under my terms.

Here's the issue- I have a black &white case of two violations FCRA and plan to sue the Plaintiff in Small Claims for $7500 (max. allowed).  I told this CA that I was suing his client after this portion was over because his client blatantly reported b.s. on my report AFTER our hearing last summer (they didn't win outright)...

What I got today in MAIL today was a "settlement letter" that the case was dismissed with prejudice; and that by signing, I'm waiving right to go after them, their officers, etc. - should I cross this paragraph out??  I have ZERO intention of giving up that right to sue them for knowingly reporting false information.

Thanks!

[Anonymous]

As I am not an attorney.......I would want an attorney to check it out first. Once its done there is no turning back.

[Anonymous]

I would consult an attorney unless you're willing to take the settlement offer on their terms. If they're in clear violation of the court order and law, sounds like you'd get the $7500 max allowed by law. Guess that could take some time to. Weigh all your options but won't hurt at all to consult an attorney first. Good Luck!

[Anonymous]

Thanks!  I am going to have an attorney at work review it tomorrow.  I am fine with most of it, I just believe they added the paragraph that states I release and forever discharge LVNV...from all actions, causes of action, claims, demands, suits.........against LVNV arising out of the Claim.

Funny thing, they state upon receipt & clearance of lump sum payment they will dismiss with prejudice, however, the Judge stated the paperwork for dismissal was to be filed within one week - my payment is not due until 5/25. 

My suit is for violation of FCRA Section 623, a, i, A; and the malicious intent to cause damage...it is NOT related to them suing ME for the account they BOUGHT.

I will totally have an attorney read through the paragraph - and explain what I plan to sue for - paperwork is all ready to be filed  Our trial block starts tomorrow and I think that's why the Judge gave them the one week.

They did however include their $100 check for sanctions