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Creditor Overreached in Dealing with Unrepresented Defendant

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January 12, 2011 , by The Silber Law Firm LLC

Plaintiff, purchaser of defendant's credit card debt, sought court approval to settle the case. The court scheduled a conference to determine the fairness of the settlement terms and found that the defendant had been intimidated into signing the settlement agreement. The court decided that plaintiff's ability to prove its claims were questionable, the terms of the settlement agreement were onerous and agreed to without proper consideration, and allowed the defendant to void the settlement agreement.

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Posted In: Litigation