Legal Question in Credit and Debt Law in California
Has anyone out there experience the following legal path? Can someone tell me what I can do to get my answer filed?
1. Plaintiff�s attorney files summons and serves defendant.
2. Plaintiff�s attorney sends via e-mail settlement agreement with lines for Defendant�s signature.
3. Defendant does not sign.
4. Plaintiff�s attorney files with court �Notice of Settlement of Entire Case�.
5. E-mailed settlement agreement terms expire.
6. Defendant tries to file �Answer� but cannot because of �Notice of Settlement� filed.
7. Defendant receives �Notice of Dismissal Hearing�.
1 Answer from Attorneys
Did they forge your signature on the settlement form? You need to eyeball a copy of what they filed with the court. If it doesn't have your signature, no worries. The case gets dismissed, and when they sue you later for breach of the settlement agreement you say "What settlement agreement?" Then you turn around and sue for FDCPA violations, and you report their attorney to the State Bar.
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