September 1, 2009
Arrow Financial Services LLC
5996 West Touhy Ave
Niles, IL 60714
Attn: General Counsel
RE: CASE NO CIV-09-00946, MARCIE R SALMON VS. ARROW FINANCIAL SERVICES LLC,
FILED AUGUST 27, 2009 IN THE WESTERN DISTRICT OF OKLAHOMA.
RE: THE PLAINTIFF’S FIRST OFFER OF SETTLEMENT TO THE DEFENDANT
TO WHOM IT MAY CONCERN:
The Plaintiff in the above referenced matter wishes to make an offer of settlement to the above named
Defendant. The Defendant must answer the Plaintiff with consent to settle or make a counter offer to
the Plaintiff no later than September 7th, 2009 by 3:00PM CST.
This is a brief summary of the settlement terms offered by the Plaintiff:
Defendant pays monies in the amount of $657,131.25 which is 50% of the original amount the Plaintiff
is seeking should this matter go to trial by jury.
Defendant agrees not to sell, transfer, assign, recall, or do any kind of activity further with regards to
the alleged debt.
Defendant agrees to remove permanently all reported information regarding the alleged from all credit
reporting agencies, to include either or, E-Oscar form or Universal Data Form (UDF) to the Plaintiff
immediately upon execution of all settlement terms.
Defendant agrees not to send to the Plaintiff a 1099, W-2, W-4, or W-9 form, nor will the Defendant
report the monies to the IRS or other tax authority.
Where does Marcie come up with this one? Has she never read the Constitution? It plainly says
that citizens may not contract to do that which is illegal for them to do. 26 U.S.C. 2650-P plainly
states that it is required that all unpaid debts be reported to the IRS via a 1099 form. Failure to
do so can result in fines varying in amount from $50,000 to $250,000 per each failure to report
debt that has been charged off by the creditor. By the same law, Arrow Financial cannot file a
1099 on Marcie's debt unless it knows for fact that the original creditor has not done so. If Arrow
knows for certain that the original creditor has not filed a 1099 on the debt then by law it must be
reported to IRS.
Plaintiff will upon execution of the above 4 terms and upon the clearance of the check through the
Plaintiff’s bank, move by Motion to Dismiss the matter in its entirety and the Plaintiff will do this
immediately if all the above terms and conditions have been fully executed by the parties.
Of course a more formal Settlement Agreement will be drafted, signed, and executed. This may be
required to submit to the court upon the Motion to Dismiss being filed and being granted. If the above
terms are agreeable to the Defendant please inform the Plaintiff immediately so that all actions may
commence immediately. Please have your attorney or legal representative who is authorized to perform
such action contact me by phone to discuss or any questions your organization may have. Plaintiff’s
phone number is 405-330-8068.
Please inform her so that all actions may commence immediately? That seems a bit off
target to me. Seems to me that CEASE would have been much more appropriate. Don't seem to me
that offering a half price settlement before the defendant has even been served is a great way to
prosecute a case either.
Marcie R Salmon, Plaintiff