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Can i sue this company a second time for the same issue?

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Hopkins21

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

Hello.

I successfully settled a legal claim with my bank over some fees that i found deceptive about 6 months ago.

Again i have the same issue with the bank last week, and their customer service center will not resolve the issue. I am livid and want to file suit again against them.

However, looking at the wording of my settlement, i may have agreed to waive any future claims against the bank and their deceptive fees.

Per the settlement i signed:

3. Releases. As of the Effective Date of this Agreement, and except as to the obligations set forth in this Agreement, Claimant hereby fully and forever releases and discharges Bank and its present and former agents, servants, partners, partnerships, joint venturers, co-venturers, corporations, business entities, owners, directors, officers, managers, employees, contractors, predecessors, successors, assigns, heirs, beneficiaries, executors, administrators, representatives, parents, shareholders, subsidiaries, affiliates, divisions, licensees, licensors, customers, officers, spouses, insurers, underwriters, accountants, and lawyers (“Released Parties”) from any and all damages, suits, actions, claims, debts, demands, assessments, obligations, liabilities, judgments, attorneys’ fees, costs, expenses, rights of action and causes of action, of any kind or character whatsoever, in law or in equity, whether known or unknown, accrued or un-accrued, contingent or non-contingent, which they ever had, now have, or may in the future have as a consequence of any matter which has occurred between or among them from the beginning of time up to and including the Effective Date of this Agreement arising out of or relating in any way to the Fees and the Action.


Thank you for your advise.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Maryland

Hello.

I successfully settled a legal claim with my bank over some fees that i found deceptive about 6 months ago.

Again i have the same issue with the bank last week, and their customer service center will not resolve the issue. I am livid and want to file suit again against them.

However, looking at the wording of my settlement, i may have agreed to waive any future claims against the bank and their deceptive fees.

Per the settlement i signed:

3. Releases. As of the Effective Date of this Agreement, and except as to the obligations set forth in this Agreement, Claimant hereby fully and forever releases and discharges Bank and its present and former agents, servants, partners, partnerships, joint venturers, co-venturers, corporations, business entities, owners, directors, officers, managers, employees, contractors, predecessors, successors, assigns, heirs, beneficiaries, executors, administrators, representatives, parents, shareholders, subsidiaries, affiliates, divisions, licensees, licensors, customers, officers, spouses, insurers, underwriters, accountants, and lawyers (“Released Parties”) from any and all damages, suits, actions, claims, debts, demands, assessments, obligations, liabilities, judgments, attorneys’ fees, costs, expenses, rights of action and causes of action, of any kind or character whatsoever, in law or in equity, whether known or unknown, accrued or un-accrued, contingent or non-contingent, which they ever had, now have, or may in the future have as a consequence of any matter which has occurred between or among them from the beginning of time up to and including the Effective Date of this Agreement arising out of or relating in any way to the Fees and the Action.


Thank you for your advise.
No, it means that you release them of any liability up until the date of the settlement. Anything that happens after the settlement is fair game.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Maryland

Hello.

I successfully settled a legal claim with my bank over some fees that i found deceptive about 6 months ago.

Again i have the same issue with the bank last week, and their customer service center will not resolve the issue. I am livid and want to file suit again against them.

However, looking at the wording of my settlement, i may have agreed to waive any future claims against the bank and their deceptive fees.

Per the settlement i signed:

3. Releases. As of the Effective Date of this Agreement, and except as to the obligations set forth in this Agreement, Claimant hereby fully and forever releases and discharges Bank and its present and former agents, servants, partners, partnerships, joint venturers, co-venturers, corporations, business entities, owners, directors, officers, managers, employees, contractors, predecessors, successors, assigns, heirs, beneficiaries, executors, administrators, representatives, parents, shareholders, subsidiaries, affiliates, divisions, licensees, licensors, customers, officers, spouses, insurers, underwriters, accountants, and lawyers (“Released Parties”) from any and all damages, suits, actions, claims, debts, demands, assessments, obligations, liabilities, judgments, attorneys’ fees, costs, expenses, rights of action and causes of action, of any kind or character whatsoever, in law or in equity, whether known or unknown, accrued or un-accrued, contingent or non-contingent, which they ever had, now have, or may in the future have as a consequence of any matter which has occurred between or among them from the beginning of time up to and including the Effective Date of this Agreement arising out of or relating in any way to the Fees and the Action.
Thank you for your advise.

Most likely what's troubling you is the prepositional phrase "or (claims you) may in the future have".

But not to worry because in reading the clause as a whole you'll find that the release covers only subsequent/future claims arising out of transactions occurring prior to the effective date of the agreement; "from the beginning of time up to . . . ."
 

adjusterjack

Senior Member
What is the name of your state (only U.S. law)? Maryland

Hello.

I successfully settled a legal claim with my bank over some fees that i found deceptive about 6 months ago.

Again i have the same issue with the bank last week, and their customer service center will not resolve the issue. I am livid and want to file suit again against them.
I'm surprised your bank won't fix your current issues knowing that you successfully sued them 6 months ago.

Maybe you should talk to the people with whom you made the settlement instead of the usual customer service people.

Reminding them that another lawsuit is forthcoming might save you some effort.
 

Hopkins21

Member
I'm surprised your bank won't fix your current issues knowing that you successfully sued them 6 months ago.

Maybe you should talk to the people with whom you made the settlement instead of the usual customer service people.

Reminding them that another lawsuit is forthcoming might save you some effort.

Does anyone know how i would find out who the banks "resident agent" is in the state of Pennsylvania? I wnat to keep it out of Maryland's court system.

Thanks
 

Zigner

Senior Member, Non-Attorney
From http://www.dos.pa.gov/BusinessCharities/Business/Resources/Pages/FAQ.aspx

Q: Does Pennsylvania utilize registered agents?
A: No. Our records indicate a registered office address. Service of Process may be sent to the registered address of the entity that appears on our records. The Secretary of the Commonwealth may accept service as ordered by a Pennsylvania judge. The court order accompanied by the complaint should be sent certified mail to the Department of State; return receipt requested. The statutory fee is $70 for each defendant to be served.
 

Hopkins21

Member
From http://www.dos.pa.gov/BusinessCharities/Business/Resources/Pages/FAQ.aspx

Q: Does Pennsylvania utilize registered agents?
A: No. Our records indicate a registered office address. Service of Process may be sent to the registered address of the entity that appears on our records. The Secretary of the Commonwealth may accept service as ordered by a Pennsylvania judge. The court order accompanied by the complaint should be sent certified mail to the Department of State; return receipt requested. The statutory fee is $70 for each defendant to be served.
Thank you. How would i find the registered address?

Is this the registered address for it in PA?

http://banks.credio.com/q/1111/2901/Where-is-the-Citizens-Bank-of-Pennsylvania-headquarters
 

HRZ

Senior Member
SUggestion..it is super easy for a defendant who loses in PA DJ court level to appeal the case de novo into Court of Common Pleas. ( County Court ) ....for a larger sum anticipate it may go that road even if you prevail.....

( I happen to have successfully reached a compromise with a big PA back having served them over a modest $2000 matter....but I needed to factor in the do over options )
 

Hopkins21

Member
SUggestion..it is super easy for a defendant who loses in PA DJ court level to appeal the case de novo into Court of Common Pleas. ( County Court ) ....for a larger sum anticipate it may go that road even if you prevail.....

( I happen to have successfully reached a compromise with a big PA back having served them over a modest $2000 matter....but I needed to factor in the do over options )
I'm counting on a settlement. I'm only suing for a couple thousand. Honesty i dont want to do it in MD court because i dislike my name showing up on their online case search feature for the next 10 years

DO you think the address from the link i posted is correct? Would ui name the bank as the defendant and use that address?
 

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