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Settlement Continued
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Letter from LJ Ross's attorney
Today I received the settlement package from L J Ross's attorney. You can see a scanned image of the letter here.
April 6, 2002
Ms. Whyspers
XXXXX XXXXX XXXX
XXXXXXXX, NY XXXXX
Re: Whyspers v. LJ Ross
Dear Ms. Whyspers:
Enclosed please find my client's check in the amount of $500.00 in full settlement of your claims against L J Ross. Also enclosed please find a Settlement and Release. Please note that upon receipt of a signed copy of the Settlement and Release, my client will notify the credit bureaus to which it reports, that the alleged debt is to be removed from your report. Please also note that I need you to file a dismissal of your action with prejudice and without cost. Kindly forward your draft and then a true copy of the entered dismissal.
If you have any questions, please call me.
It has been good to work with you. I respect your professionalism.
Very truly yours,
Nitzin and Associates
Gary D. Nitzkin
cc: LJ Ross
ENC
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Settlement and Release
You can see a scan of the Settlement and Mutual Release here. The release that was enclosed in the letter was not acceptable because while it released LJ Ross...it did not release me. I called Mr. Nitzkin and he faxed me an amended version that included a mutual release as follows:
SETTLEMENT AND MUTUAL RELEASE
Whyspers ("Whyspers"), in consideration of a single total payment of five hundred dollars ($500.00) in lawful money of the United States of America, receipt of which is hereby acknowledged, does hereby remise, release and forever discharge L.J. ROSS ASSOCIATES, INC., a Michigan corporation, its agents, officers, employees, directors, customers, clients and attorneys of and from any and all manner of action, actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, accounts stated, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or in equity, which Whyspers now has or which her successor(s) or assign(s) can or may have by reason of any matter, cause or thing to the date of this Release including but not limited to those matters plead in the complaint encaptioned Whyspers v. LJ Ross and Associates, Inc., currently pending in the United States District Court for the Western District of New York, given docket number 02-CV 6150.
L.J. Ross will notify all credit bureaus to which it has reported the alleged debt that the debt should be removed off of Whyspers's credit report.
L.J. Ross hereby releases Whyspers to the same extent as Whyspers has released L.J. Ross above.
Whyspers nwill immediately file a dismissal of the above captioned action. The dismissal shall be with prejudice and without costs to either party.
IN WITNESS WHEREOF, the undersigned have caused this release to be executed this ___ day of _______, 2002.
L.J. Ross Associates, Inc. Whyspers
By: Gary D. Nitzkin
Its Attorney in Fact
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The check
See a scan of the check here . |
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