Legal Question in Credit and Debt Law in New York

Notice of Discontinuance

Hello,

My question is does the plaintiff's attorney require a defendent's signature to file a stipulation of discontinuance in Brooklyn Civil Court? I have paid my settlement and asked for a paid in full letter. All I received was three copies of a stip of discontinuance to be signed by me and mailed back to them.

I asked them to file a standard stip of discon... with the court and mail me a copy. They keep insisting that they need my signature to file the paperwork. I have had two other cases where the plaintiff's attorney have mailed me copies of Stips of discon... without my signature.

What can I do? I really don't want to sign anything.


Asked on 8/07/08, 8:39 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Notice of Discontinuance

If you filed an answer you would need to sign the stipulation to discontinue.

Personally I do not see the problem of signing a stipulation to discontinue an action if you are the defendant. However, I would suggest that you file the stipulation thereby insuring that the document is filed with the clerk.

Mike.

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Answered on 8/08/08, 9:02 am


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