Preview
13-CV-23-142
Filed in District Court
State of Minnesota
4/24/2023 3:19 PM
\X MK IDENHHEH.
2023:04:24-14:15:28
CONSUMER CREDIT CONTRACT
.
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CHISAGO TENTH JUDICIAL DISTRICT
Discover Bank STIPULATION 0F SETTLEMENT
Plaintiff, AND WARRANT OF ATTORNEY
TO ENTER JUDGMENT BY
VS. CONFESSION
Mitchel D Josephson Court File No. l3-CV-23-142
Defudant(s)
The parties enter this Stipulation of Settlement and Warrant of Attorney to Enter
Judgment by Confession in connection with the following obligation:
1. STATEMENT 0F FACTS OUT OF WHICH DEBT WAS INCURRED. Plaintifi'
commenced suit against Defendant(s) alleging an unpaid balance of $10,170.11 plus any other
relief sought in the Complaint. Defendant(s) received the Complaint and admit owing the amount
alleged plus any costs. Defendant has previously paid $675.00. The parties, in order to resolve
this claim, agree to settle Plaintifi's claims and Defendant(s) agree(s) to pay Plaintiff as set forth
in this Agreement.
2. AGREEMENT. In settlement of the above matter, and in the consideration of
Plaintiffs forbearance and other good and valuable consideration, the receipt of which is hereby
acknowledged, Defendant(s) agree(s) to pay Plaintifl' $9,495.11.
3. PAYMENT. Defendant(s) agree(s) to pay Plaintifi' $225.00 on April 25, 2023.
Defendant(s) will then make consecuu've monthly payments of $225.00 on the 25th of each
month thereafier until the entire settlement amount is paid. Performance by payment
acknowledges and accepts all terms of this Stipulation. Payments shall be made payable to
Discover Bank and forwarded to the law ofices of Messerli & Kramer PA, 3033 Campus Drive,
MN_3004 File No: 22-1261 84
13-CV-23-142
Filed in District Court
State of Minnesota
4/24/2023 3:19 PM
2023:04:24-14:15:28
Ste. 250 Plymouth, MN 55441. Defendant may prepay any or all of the amount due at any fime
without penalty. Upon full payment of the entire settlement amount Plaintiff will execute and
mail/send to Defendant(s) a Dismissal.
4. EXTENSION OF FILING DEADLINE. The parties stipulate and agree to extend
the filing deadline in Rule 5.04.
5. DISMISSAL WITHOUT PREJUDICE. During the repayment period described in
Paragraph 3, the Court may require this action be dismissed to close the court file. In recognition
of this, the parties hereby stipulate and agree that the Court may, without further notice to either
party, enter an Order of Dismissal Without Prejudice. Such order shall contain a provision that
this action may be reopened upon a filing of an Affidavit of Default. The parties further stipulate
and agree that any applicable statute of limitation is hereby tolled during the period of
repayment.
6. WARRANT OF ATTORNEY. In the event that Defendant(s) default(s) on the
Stipulation, Defendant(s) hereby authorize(s) and empower(s) irrevocably Messerli & Kramer
PA, or any attorney designated by Plaintifi' at any time afier the default to confess judgment
against Defendant(s) in favor of Plaintiff for the total amount originally alleged in Plaintifis
Complaint less any payments which may have been made prior to the time of the default.
Additionally, Defendant(s) agree(s) that the judgment may and shall include the costs and
disbursements incurred in confessing judgment.
A judgnent entered pursuant to this instrument may be entered Ex Parte in any event and
without further notice to Defendant. The judgment shall be entered upon the filing of this
Stipulation and an Afi'idavit stating that there was a default in the Stipulation.
Defendant hereby consents to immediate execution upon the judgment, hereby ratifying
MN_3004 File No: 22-126184
13-CV-23-142
Filed in District Court
State of Minnesota
4/24/2023 3:19 PM
2023:04:24-14:15:28
and confinm'ng such action as said attorney for Plaintiff may do by virtue hereof. Defendant
specifically and voluntarily waives any right to a hearing prior to obtaining a judgment by
confession, and acknowledges that this Warrant of Attorney was read by him/her and the
undersigned fully understands and agrees to each and every provision, acknowledging receipt of
a copy hereof.
7. RELEASE OF ALL CLAIMS. Any and all prior or contemporaneous agreements
between the parties are merged into this agreement and this agreement is the complete and final
agreement of both parties and/or agents, heirs, executors, administrators, assignors, assignees,
insurers, attorneys, and all other persons. This Stipulation may not be altered or amended in any
of its provisions except by the mutual written agreement of the Parties that is signed by both
parties. Defendant(s) release(s) and forever discharge(s) Plaintiff; including all its past, present,
and future agents, heirs, executors, administrators, assignors, assignees, insurers, attorneys, and
all other persons, firms or corporations liable or who might be claimed to be liable (collectively
Plaintifi), none of whom admit any liability to Defendant(s), but all expressly deny any liability,
fi'om any and all claims, demands, damages, actions, causes of action, or suit(s) of any kind or
nature whatsoever, whether common law, equitable, statutory, contractual or otherwise, which
they now have, ever had, or may hereafier acquire against Plaintiff.
W 3004 File No: 22-126184
13-CV-23-142
Filed in District Court
State of Minnesota
4/24/2023 3:19 PM
2023:04:24-14:15:28
8. ACKNOWLEDGMENT. The parties hereby declare that the terms of this
Stipulation are completely read and are fully understood and voluntarily accepted.
MESSERLI & KRAMER PA
W
Marcus S. Boston
u 040116? - MN
DATE:
eSigied on 4/17/2023 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramer.com
Ph#: (763) 548-7900
Fax#: (763) 548-7922
I, Mitchel D Josephson, have read the above document and fully verify understanding the
contents of the document and the legal consequences of its contents, do hereby achowledge that
the signature that appears on the document is mine, and that I signed the document of my own
fi'ee will.
I declare in the state of Minnesota, county of Chisago, under penalty of perjury that everything I
have stated in this document is true and correct. Minn. Stat. § 358.116.
Dated: y' 2 I ' 23 tche D Josephson
IMPORTANT NOTICE
This communication is fiom a debt collector and is an attempt to collect a debt. Any information
obtained will be used for that purpose.
MN_3004 File No: 22-126] 84
Preview
13-CV-23-142 Filed in District Court State of Minnesota 4/24/2023 3:19 PM \X MK IDENHHEH. 2023:04:24-14:15:28 CONSUMER CREDIT CONTRACT . STATE OF MINNESOTA DISTRICT COURT COUNTY OF CHISAGO TENTH JUDICIAL DISTRICT Discover Bank STIPULATION 0F SETTLEMENT Plaintiff, AND WARRANT OF ATTORNEY TO ENTER JUDGMENT BY VS. CONFESSION Mitchel D Josephson Court File No. l3-CV-23-142 Defudant(s) The parties enter this Stipulation of Settlement and Warrant of Attorney to Enter Judgment by Confession in connection with the following obligation: 1. STATEMENT 0F FACTS OUT OF WHICH DEBT WAS INCURRED. Plaintifi' commenced suit against Defendant(s) alleging an unpaid balance of $10,170.11 plus any other relief sought in the Complaint. Defendant(s) received the Complaint and admit owing the amount alleged plus any costs. Defendant has previously paid $675.00. The parties, in order to resolve this claim, agree to settle Plaintifi's claims and Defendant(s) agree(s) to pay Plaintiff as set forth in this Agreement. 2. AGREEMENT. In settlement of the above matter, and in the consideration of Plaintiffs forbearance and other good and valuable consideration, the receipt of which is hereby acknowledged, Defendant(s) agree(s) to pay Plaintifl' $9,495.11. 3. PAYMENT. Defendant(s) agree(s) to pay Plaintifi' $225.00 on April 25, 2023. Defendant(s) will then make consecuu've monthly payments of $225.00 on the 25th of each month thereafier until the entire settlement amount is paid. Performance by payment acknowledges and accepts all terms of this Stipulation. Payments shall be made payable to Discover Bank and forwarded to the law ofices of Messerli & Kramer PA, 3033 Campus Drive, MN_3004 File No: 22-1261 84 13-CV-23-142 Filed in District Court State of Minnesota 4/24/2023 3:19 PM 2023:04:24-14:15:28 Ste. 250 Plymouth, MN 55441. Defendant may prepay any or all of the amount due at any fime without penalty. Upon full payment of the entire settlement amount Plaintiff will execute and mail/send to Defendant(s) a Dismissal. 4. EXTENSION OF FILING DEADLINE. The parties stipulate and agree to extend the filing deadline in Rule 5.04. 5. DISMISSAL WITHOUT PREJUDICE. During the repayment period described in Paragraph 3, the Court may require this action be dismissed to close the court file. In recognition of this, the parties hereby stipulate and agree that the Court may, without further notice to either party, enter an Order of Dismissal Without Prejudice. Such order shall contain a provision that this action may be reopened upon a filing of an Affidavit of Default. The parties further stipulate and agree that any applicable statute of limitation is hereby tolled during the period of repayment. 6. WARRANT OF ATTORNEY. In the event that Defendant(s) default(s) on the Stipulation, Defendant(s) hereby authorize(s) and empower(s) irrevocably Messerli & Kramer PA, or any attorney designated by Plaintifi' at any time afier the default to confess judgment against Defendant(s) in favor of Plaintiff for the total amount originally alleged in Plaintifis Complaint less any payments which may have been made prior to the time of the default. Additionally, Defendant(s) agree(s) that the judgment may and shall include the costs and disbursements incurred in confessing judgment. A judgnent entered pursuant to this instrument may be entered Ex Parte in any event and without further notice to Defendant. The judgment shall be entered upon the filing of this Stipulation and an Afi'idavit stating that there was a default in the Stipulation. Defendant hereby consents to immediate execution upon the judgment, hereby ratifying MN_3004 File No: 22-126184 13-CV-23-142 Filed in District Court State of Minnesota 4/24/2023 3:19 PM 2023:04:24-14:15:28 and confinm'ng such action as said attorney for Plaintiff may do by virtue hereof. Defendant specifically and voluntarily waives any right to a hearing prior to obtaining a judgment by confession, and acknowledges that this Warrant of Attorney was read by him/her and the undersigned fully understands and agrees to each and every provision, acknowledging receipt of a copy hereof. 7. RELEASE OF ALL CLAIMS. Any and all prior or contemporaneous agreements between the parties are merged into this agreement and this agreement is the complete and final agreement of both parties and/or agents, heirs, executors, administrators, assignors, assignees, insurers, attorneys, and all other persons. This Stipulation may not be altered or amended in any of its provisions except by the mutual written agreement of the Parties that is signed by both parties. Defendant(s) release(s) and forever discharge(s) Plaintiff; including all its past, present, and future agents, heirs, executors, administrators, assignors, assignees, insurers, attorneys, and all other persons, firms or corporations liable or who might be claimed to be liable (collectively Plaintifi), none of whom admit any liability to Defendant(s), but all expressly deny any liability, fi'om any and all claims, demands, damages, actions, causes of action, or suit(s) of any kind or nature whatsoever, whether common law, equitable, statutory, contractual or otherwise, which they now have, ever had, or may hereafier acquire against Plaintiff. W 3004 File No: 22-126184 13-CV-23-142 Filed in District Court State of Minnesota 4/24/2023 3:19 PM 2023:04:24-14:15:28 8. ACKNOWLEDGMENT. The parties hereby declare that the terms of this Stipulation are completely read and are fully understood and voluntarily accepted. MESSERLI & KRAMER PA W Marcus S. Boston u 040116? - MN DATE: eSigied on 4/17/2023 in Hennepin County, MN 3033 Campus Drive, Ste. 250 Plymouth, MN 55441 cc-litigation@messerlikramer.com Ph#: (763) 548-7900 Fax#: (763) 548-7922 I, Mitchel D Josephson, have read the above document and fully verify understanding the contents of the document and the legal consequences of its contents, do hereby achowledge that the signature that appears on the document is mine, and that I signed the document of my own fi'ee will. I declare in the state of Minnesota, county of Chisago, under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated: y' 2 I ' 23 tche D Josephson IMPORTANT NOTICE This communication is fiom a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. MN_3004 File No: 22-126] 84