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View Full Version : Settled, Dismissed, Satisfaction (difference?)


georgina
07-08-2009, 12:11 PM
What is the difference between "Settled and Discontinued", "Dismissed" (with or without prejudice) and "Satisfaction"

Which is best to ask for in a settlement and how can it be requested by JD if he/she initiates a settlement proposal? How can a JD demand that the settlement be contingent upon a JC dismissing with prejudice (for example)?

Can the JC remand a satisfied, dismissed or discontinued case to another Junk Debt Buyer if the settlement for was for less that the amount owed? In other words can we be sued for the same debt twice by DIFFERENT Credit Collections Attorney firms?

flacorps
07-14-2009, 07:05 AM
"Settled and Discontinued" is court speak for "debtor paid the creditor enough money to make them happy before we got a chance to rule on this case."

"Dismissed" means the creditor is kicked out of court because there is a major problem with their case. "With Prejudice" means "don't come back, Mr. Creditor."

"Satisfied" means the debtor paid the creditor enough to make the creditor willing to make an official filing that the case is dead, done and gone.

If you satisfy a judgment, nobody else should ever come after you for it again, even if the satisfaction was obtained at a discount. Which is not to say that the amount you didn't pay won't be on some tape that the collector will sell to some other collector who will come after you for it ... at which point you need to wave that satisfaction around like a cross in front of a vampire, and if that doesn't stop you from going to court you need to make the appropriate affirmative defense of satisfaction of the prior case (and if there was no payment but a prior case was dismissed with prejudice, you argue res judicata [latin for "the matter has already been decided]").