Stipulation of Discontinuance???

[Nystudent7]

What is the name of your state (only U.S. law)? NY

ok, I found out I was being sued in 2008, the debt collect basically did "sewer service" and did not serve me, but rather told the court they had and THEN mailed me a copy of the complaint AFTER the 21 day time to respond had lapsed. They claimed they had served me at my place of last residence which I hadn't live at in over ten years. I filed an Answer challenging the suit on the SOL, and insufficient service. The collector got scared and ran off, frankly I have no legal experience so I thought the court would proceed on it. It hasn't there has been NO action on the case since I filed my answer in 2008.

A few days ago I received a letter from the collector for a stipulation of discontinuance, I am guessing it's with prejudice. My questions are: what should I do? Should I accept the stipulation? I will be doing all the paperwork myself so any pointers would be great!!

 

[You Are Guilty]

What is the name of your state (only U.S. law)? NY

ok, I found out I was being sued in 2008, the debt collect basically did "sewer service" and did not serve me, but rather told the court they had and THEN mailed me a copy of the complaint AFTER the 21 day time to respond had lapsed. They claimed they had served me at my place of last residence which I hadn't live at in over ten years. I filed an Answer challenging the suit on the SOL, and insufficient service. The collector got scared and ran off, frankly I have no legal experience so I thought the court would proceed on it. It hasn't there has been NO action on the case since I filed my answer in 2008.

A few days ago I received a letter from the collector for a stipulation of discontinuance, I am guessing it's with prejudice. My questions are: what should I do? Should I accept the stipulation? I will be doing all the paperwork myself so any pointers would be great!!

Step 1: Go here - http://iapps.courts.state.ny.us/webcivil/ecourtsMain

Step 2: Look "your" case up and note all the details.

Step 3: Make sure there is no judgment entered.

Step 4: If there is nothing pending left in the case, a Stip of Disc w/Prejudice would be a nice resolution. If the collector won't send you a draft, you can get away with using the language found in this one: https://www.blumberglegalforms.com/Forms/314.pdf but be sure to add "with prejudice" in both the title block and in the main text section.

Step 5: File Stip with court. I believe it's a $35 filing fee these days.

Step 6: ???

Step 7: Profit.


Good luck.