right to cure and confession of judgement

You said you DVed them, did they ever provide proper validation? I am not familiar with these confession things but I would be wary as well and would not sign it...they might try to sneak a judgement on you. The big question is if they properly validated the account? Did you get full documentation such as a copy of the originally signed contract, full statements and anything that would explain any additional fees and costs they tacked on?

Did they already file suit against you, were you served or anything?

I looked up right to cure letters and they all seem to pertain to cars, is this account in question a car and if so, has it been repoed yet or anything?

Ok I just looked up confession of judgement..DONT SIGN IT! Basically they want you to allow them to put in a judgement against you WITHOUT going to court! Don't do it.

No this is not over a car, they are both cc. ABout the dv, my answer would have to be no, the abendroth and russell works very fast, they sent me the right to cure, basically I have until a certain date to pay in full, I sent them a letter telling them I couldn't pay in full and would like to make a payment arrangement, they then quickly, like 2 days later, sent me another letter saying my payment arrangements were acceptable but they wanted me to sign and get noterized this confession of judgement. So I sent them a copy of the dv letter I sent to LHR back in July copy of green slip, said I wanted the account verified or I wasn't signing anything. What they sent back was a letter saying they verified a was the correct debtor quoted the Chaundry case but only included the part that favors them, and then included photo copies of 10 months of statements from the original creditor which is First National Bank. This law office is representing LHR though NOT First national. I have made them 2 payments and I am due to send out another tomorrow. The thing is I know its my debt and I would like to pay BUT I just don't feel right about signing that confession paper, like I said whats stopping them from just getting a judgement on me once they get it back? They say they won't file it UNLESS i stop making payments as agreed, but how can you be sure they won't? I guess I'll just send in the payment and see if they say anything about me not returning the confession. I just don't want to get sued, so I want to keep them happy but I don't want to just give them a right to get a judgement against me so easily.

Yes, Goldenbast is right! DON'T SIGN THE CONSENT JUDGMENT! What they're trying to do is turn your agreement to pay, whatever that is, be it verbal or written, into an actual judgment, because you 'consented'. Once a consent judgement is signed by you it gives the collector the right to obtain a binding jugment against you without you having to go to court, enabling the collector to garnish wages, etc, should you default on your agreement. An unsigned consent judgment can be filed in court. The plaintiff (CA or attorney) has 91 days to either get you to sign it or file a summons and complaint to actually bring you into court. The consent judgment can be renewed at the plaintiffs discretion every 91 days, over and over until the debt is satisfied or it goes to court and an actual judgment takes it's place.

I'm confused, so if I don't sign it there is a chance that I'm going to go to court and be forced to sign it. I don't understand.

If you don't sign it, you can be taken to court. No biggie there. But if you go to court, you will have an opportunity to defend yourself. We can help you with that, BTW.

If you sign a confession of judgement, you are basically 'pleading guilty.' You will be giving up your right to the courts, and agreeing to whatever the CA says. I don't recommend that, for reasons which should be obvious.

Sorry, I didn't mean to confuse you. Unclewulf explained it in much simpler terms. But by signing, you 'skip' your right to have 'your day in court'. Kinda like a signed 'confession' or 'pleading guilty' as uncle said. Make them 'fight' for a judgement...don't give it to them voluntarily!

[quote=Guest]Unclewulf explained it in much simpler terms.[/quote]

That's because he's a much simpler Wulf... :lol:

I didn't think confessions of judgments were legal... based on the FTC Credit Practices Rule:


I guess that just means it cannot be in the original contract, but okay for an attorney to use after default...

Uncle wulf...you crack me up...I should really register so I have an identity other than 'guest'. You don't even know how many posts I have on this site!

DebtCruncher, that's what it sounds like to me too. It only applies to the original credit contract. My spouse has a consent judgment filed by the CA attorney sitting in court right now. Won't sign...never agreed to anything!

[quote=Guest]Uncle wulf...you crack me up...[/quote]

If ya gotta be an example, might as well be a bad one.

[quote=Guest]I should really register so I have an identity other than 'guest'. You don't even know how many posts I have on this site![/quote]

Yes, you should register. It's free, and it makes carrying on a conversation with you worlds easier.

Basically they are trying to get a judgement without going to court....in a roundabout way they told you the truth, they won't take you to court if you sign it....because they won't have to! With this signed confession you give up your right to court and make their job easier. Also those statements only barely constitute validation and the Chaundry crap they cited is that...crap..they love to misquote that case. In court they would have to come up with a whole lot more and it sounds like they may not be able to, so they are trying to pull the wool over your eyes. Whatever you do, refuse to sign that paper!!!

OK...here I am....feel all exposed now :roll:

Thanks everyone! I will send in my payment as agreed but I'm not signing anything! If they don't want my payment then they can take me to court the hard way and with much more expense to them. I knew it just didn't feel right to sign that thing!

I went down to the court to check on the consent judgement that's sitting there against my spouse (Mentioned in my 'guest' post above) My question is this: Are we allowed to see what other papers are contained in that file, up to this point, if the summons hasn't been actually filed yet?