Legal Question in Credit and Debt Law in New York

Re: stipulation of settlement

Stipulations are generally construed by courts as contacts. Subject to certain limited execptions, one party to a contract generally does not have the right to unilaterally "tear it up" if the other party has not yet breached.

If the stipulation of settlement was signed in connection with a pending court case you could file a motion with the court to enforce the terms of stipulation of settlement. Even if there is no written agreement you could seek discovery of the other side and subpoena witnesses to an evidentiary hearing. You can find information about the requirements and procedures for motions from the Clerk's Office where the case is pending, the Court's website (at least in NY County Civil Court, and in the law library at the courthouse.

If the stipulation of settlement was not part of a pending court case, but rather a pre-litigation settlement with a collection agency, you could contact the Federal Trade Commission, NY State Attorney General's Office, and (if you are in New York City) New York City Dept. of Consumer Affairs to lodge a formal complaint regarding the collection agency and specific collector(s) you are dealing with. Also, if you are dealing with a collection agency that is acting on behalf of an original creditor, such as a bank (and not a debt buyer), you could send a letter of complaint to the President of the company and its General Counsel (you can find this information on their website -- usually under the "Investors" section) regarding the conduct of their agents.

One problem you may face is that if the other side is dishonest (as they seem to be based on your description), they may deny that they ever entered into a stipulation of settlement.

You should consult a lawyer regarding your rights in this matter.

The foregoing posting is intended as information of interest to readers of this site and not as legal advice for your situation. Facts and circumstances not disclosed in your posting may materially affect your rights. You should consult with a lawyer.

You can obtain additional information about debtor-creditor matters in the Frequently Asked Questions on our website at www.starrandstarr.com/faq.htm and on our Blog at www.starrandstarr.com/blog.

Best regards,