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Settlement after Dismissal - Midland

Established Member

Settlement after Dismissal - Midland

I just had a lawsuit with Midland get dismissed without prejudice. I was thinking of settling around 10 cents on the dollar but I'm not sure if thats a good offer because they just spent money suing me. What's a good place to start? I need this collection gone. 

 

Is it even a good idea to try and settle if they have the option to sue me again? Could they use my settlement offer against me in court?

Message 1 of 6
5 REPLIES
Established Contributor

Re: Settlement after Dismissal - Midland

I'm not sure if I can give good advice here, but I think it would help to know why the lawsuit was dismissed.

 

 

Message 2 of 6
Established Member

Re: Settlement after Dismissal - Midland

They sued me. I requested that we handle the lawsuit through JAMS. The judge granted my motion. They dismissed two weeks later. I haven't seen the actual dismissal form yet, but I'm heading to the court later on today to get it. 

Message 3 of 6
Established Contributor

Re: Settlement after Dismissal - Midland

A lawyer (or someone else on this board), might give you a different, or more complete answer but...

 

My understanding is that any settlement offer including wording such as "this offer is not an aknowledgment or acceptance of debt"  should protect you from the offer being used against you in court.

Message 4 of 6
Community Leader
Legendary Contributor

Re: Settlement after Dismissal - Midland

Dismissal without prejudice means they can legally refile the suit.

Whether or not they will depends upon the circumstances of whether the reason for dismissal might temporarily lead to some additional criteria that need be met, but the judge did not bar refiling.

 

Implied in the post is that payment will result in removal of the collection.

That is not usually so, but Midland has established a public policy of deletion if the debt is paid and the DOFD is at least two years ago.

Just make sure, as suggested previously, that you do not make any clear admission of legitimacy of the debt in your settlement negotiations, and you will not have an admission of debt.

 

A settlement for less offer is only a negotiation, and if you play around with lowball offers, they can always simply refile.

I would be cautious in any extension of the period if they are likely to win in court, and there are not remaining conditions that would prevent refiling.

Message 5 of 6
Regular Contributor

Re: Settlement after Dismissal - Midland

I would use JAMS like AM said.  Also I believe settlement discussions can not be used in court 

Message 6 of 6