Legal Question in Civil Litigation in California

Recieved a payment settlement in Full schedule to pay off my Credit Card.

The are asking me to sign a Waiver of Civil Code Section 1542? I do not want to use there services ever again. By signing this will this clear me of needing to deal with in the future or can they later come back an ask for more money??


Asked on 8/25/10, 8:21 am

1 Answer from Attorneys

CC section 1542 provides that when giving a release the releasor does not waive or release claims that the releasor does not know of and could not through the exercise of reasonable diligence have known about at the time of signing the release. A 1542 waiver means that all claims, known and unknown are released. So if they are releasing you or it is mutual, it is a good thing if you want to be rid of them. If it is only you releasing them, something is fishy and you should talk to a lawyer before you sign. It may mean they are afraid of unfair debt collection claims back against them from you.

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Answered on 8/30/10, 8:34 am


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