Hello,

I signed a Release that included the following below. Now I am wondering if I can still sue the OC for a Non-PP inquiry which occured prior to my suit against them and their debt collector for the collector's inaccurate debt reporting. Did I sign away my right to sue for the OC's non-pp inquiry??? I'm not sure.

Thank you!
bluesky

2.3 XX, for herself and her employees, agents, representatives, attorneys, subsidiaries, affiliates, and assignees, fully and unconditionally release and forever discharge XX and XX and their agents, representatives, employees, wards, insurers, and attorneys from liability for any and all claims or causes of action, known or unknown, suspected or unsuspected, foreseen or unforeseen, contingent or matured, or of every kind or nature, which have been or could have been asserted in the Action.

2.5 The Parties waive all rights they may have under section 1542 of the Civil Code of the State of California, which reads as follows:
A general release does not extend to claims which the creditor does not know or suspect to exists in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the Accountor.

2.6 The Parties acknowledge the significance and consequences of a specific waiver of Civil Code section 1542, and hereby assume full responsibility for any injuries, damages, losses, or liability they may hereinafter incur from the matters released in this Agreement and/or from the execution of this Agreement.
Yes, that is a comprehensive settlement - on your side of things. According to those three paragraphs, you agreed to settle all claims, known and unknown, that could have been asserted at the time the suit was filed. The Section 1542 waiver is standard in settlements my company's attorneys negotiate (in contract disputes).

However, what you posted does not appear to be a mutual release where the defendant(s) release any and all causes of action, known and unknown, they may have against you.

(I am not an attorney, just have frequent contact with them as an analyst and expert witness for my employer.)
Yes, that is a comprehensive settlement - on your side of things. According to those three paragraphs, you agreed to settle all claims, known and unknown, that could have been asserted at the time the suit was filed. The Section 1542 waiver is standard in settlements my company's attorneys negotiate (in contract disputes).

However, what you posted does not appear to be a mutual release where the defendant(s) release any and all causes of action, known and unknown, they may have against you.

(I am not an attorney, just have frequent contact with them as an analyst and expert witness for my employer.)


Hi Saint65,

Thank you for replying.

Where it says "...that could have been asserted at the time the suit was filed." Does it matter that the Non-PP inquiry had nothing to do with the case that was filed ?

I was under the impression that the Release only pertained to the issues in the case because the Non-pp could not have been asserted in the suit (I think) since that suit was only about their debt collector and the OC's negligence. I thought that it was only a release of any and all claims regarding the case that could have been asserted but wasn't. ??

Thanks,

honeycomb
Nope, it covers any and all violations which occurred as of the date of signing. :(