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TU fax - April 12, 2002
April 12, 2002
VIA FACSIMILE
Ms.
Christine Baker
(address deleted)
Re: Christine Baker v. Trans
Union, LLC; Cause No.: 801 2001 CV 1751 UN; In the Justice Court of Mohave
County, Kingman, AZ
Dear Ms. Baker:
Attached is the Confidential Settlement,
Release, and Indemnity Agreement which are the settlement
documents that would need to be executed. This
is Trans Union's standard settlement document.
Explanation of Settlement Document
I thought I would go through this page
by page for you. A lot of it is legalese and I figured
you might have some questions about it so to prevent
a lot of back and forth here is a quick explanation.
If you look on page 1, there is a brief
description of where the case and then it states that
the parties with to resolve the disputes from this lawsuit.
On page 2 are the terms of the agreement.
In exchange for Trans Union paying you $250, you agree
to dismiss your lawsuit against Trans Union and agree
not to sue Trans Union over the disputes that you have
just sued Trans Union over. On page 3, it states that
if you do sue Trans Union over the same complaints as
this lawsuit that you will indemnify Trans Union.
You will also see on page 3 that this
settlement agreement in no way prohibits you from suing
Trans Union in the future for future claims that you
might have against Trans Union regarding your credit
report.
On page 4, it states that you will pay
your litigation expenses and Trans Union will pay its
litigation expenses. This means Trans Union will pay
all of my legal fees and its own court costs. Also,
on page 4, neither side admits to any liability.
On page 4, paragraph 1, this is a general
provision that is included in all settlement documents
in case some part of the settlement agreement is found
to be invalid. This rarely if ever happens.
Paragraph J on page 4 states that after
the execution of the settlement papers that an order
of dismissal with prejudice will be entered in the Justice
Court. This means that papers will be filed with the
Court to dismiss the case and that you cannot resue
Trans Union over the same claim as your present lawsuit.
Page 5 states that this is a confidential
settlement agreement and that the terms of this settlement
are not to be revealed to others except your accountant
or attorney.
Settlement Check
If this agreement meets with your approval
and you are willing to execute it please let me know
as soon as possible as this will speed up the check
process. You can either call me or fax me even before
you get the papers signed. I will then have Trans Union
send me your check for $250 made payable to Christine
Baker. Once I get the returned signed papers, I will
forward to you the check. I will then get the dismissal
papers filed with the Court so you don't have to fool
with that.
Credit Report
I am also enclosing a copy of your recent
credit report dated April 12, 2001. This credit report
is incorporated into the settlement agreement on Page
5.
Professional Recovery Account
I know from your last letter that you
had a couple of questions about the Professional Recovery
Account that was on your credit report. Specifically,
the question was when Professional Recovery would quit
reporting the account. For you, I requested that Trans
Union send out a verification to Professional Recovery
asking them when this information would be removed.
Trans Union first tried to get Professional Recovery
to tell them over the phone but Professional Recovery
would not do so. Thus, Trans Union has not received
back a response from Professional Recovery yet. I expect
it will be another couple of weeks before we know anything
for sure. I will, however, let you know what Professional
Recovery says.
Conclusion
I hope that the above explanation has
been helpful to you. I also hope that the Settlement
Agreement is acceptable to you and that we can put this
matter behind us. Just to let you know, I hope that
we can get this wrapped up as quickly as possibly. I
am going on my honeymoon the first two weeks in May
and will be out of the country. I'd like to get the
settlement papers back and the check to you before then
if possible.
If the settlement documents meet with
your approval, I will have them fed exed to you. I will
also enclose a prepaid return fed ex envelope for you
or a prepaid U.S. post office priority mail envelope
for you if that would be easier for you to get back
than a fed ex one. Just let me know which you would
prefer and which address to send it to. I know with
fed ex that I can only send something to a physical
address and not a P.O. Box.
I look forward to hearing from you.
Very truly yours,
Amanda Lewis
ASL:ty
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