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Need some advice

Date: Sat, 10/20/2007 - 09:14

Submitted by anonymous
on Sat, 10/20/2007 - 09:14

Posts: 202330 Credits: [Donate]

Total Replies: 6


Can a law firm take out a judgement on you if you have made payments and they have accepted them


Welcome to the Community :D What law firm and what company are you dealing with?

I suppossed they can, but if they issue a summons, answer it, and put that you have been making payments regular. Take all your papaerwork with you to court, judges usually don't like it when you are making payments trying to pay if off and they sue.

Good luck..karen


lrhall41

Submitted by Bossy4455 on Sat, 10/20/2007 - 09:17

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As a matter of law, any time there is a breach of contract and default, suit may be brought before the court for remedy.

The problem as I see it is that the attorney and you would need to establish a defined payment plan in lieu of court proceedings, in order to have a valid defense.

More information is needed for me to give a better response. Do you have a written plan/agreement with the attorney? At what point did you make this plan? Have you followed the plan to a "T"?

If they cash your check/MO, they should be giving you proper credit for the payment. But their act of accepting a payment does not, of itself, create an agreement whereby they cannot proceed with suit. For example, maybe they send you a letter saying you owe $2000 and demand full payment within 30 days or they file suit. In that case, sending $50 isn't going to stop them from filing, even if they cash it. Now if they agree to accept $50 per month, then that is a whole different story.


lrhall41

Submitted by DebtCruncher on Sat, 10/20/2007 - 09:30

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Hello
The Law firm that I am dealing with is Ambrose, Wilson, Grimm, & Durand. The law firm is out of Knoxville, Tn. They have not set up a specified payment plan. I sent them one payment of 55.00 so far. The total debt is for 997.65. I talked to them on the phone on the 3rd of October she told me then within 14 days they were giong to issue a judgement. But they have'nt yet! I went ahead and sent the payment which was a money order. They accepted it. I talked to her again on the 17th of October and now she's telling me that if I don't send in 750.00 by the 24th that they are going to issue a judgement. She said if I paid the 750.00 then they would'nt issue a judgement for 45 days to give me a chance to pay of the remaining balance. I can't send the whole 750.00, but should I at least send another payment and do you still think they will take the judgement out on me.


lrhall41

Submitted by on Sat, 10/20/2007 - 12:50

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Amber- I am not sure, but I would continue to send payments to them, regardless.

Is this a credit card debt, pay day loan? They have to go to court to get a judgement, unless it's a Federal thing, I believe.

I'll try to see what I come up with about them and get back to you.

Good Luck..karen :D


lrhall41

Submitted by Bossy4455 on Sat, 10/20/2007 - 15:37

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