Consent Judgement
Date: Wed, 06/03/2009 - 14:42
This may sound like a "no-brainer" but I just want to make sure I'm not making a mistake by signing the "judgement" and not jeopardizing my debt mgmt plan.
I'd appreciate any comments/help.
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they are trying to trick you into signing a paper that gives them the right to get a judgement without a hearing.that is a known trick of collectors.they offer you a great payment plan,but gives them the right to get a judgement at anytime.ask them for that offer without the consent judgement.bet you won't get it.
That's what I was afraid of. However, the debt is mine and vali
That's what I was afraid of. However, the debt is mine and valid. If I don't sign, I will have to go to court and I'm sure the judge would award the judgment and I might incur additional legal fees. CCCS has already stated that it would be a "few" weeks before the creditors are notified which is ample time for me to end up in court with this group.
BTW the consent judgment spelled out all of the details of the repayment ie amount of debt, amount per month until debt was PIF and 0% interest.
I need to answer the summons by Friday so I kinda wanted to enter into the agreement and let that be my answer. I've never had to answer a summons before and this is all very intimidating.
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i still think you are asking for trouble.two scenarios.
1)you sign.they claim they tried to contact you about the agreement.you didn't respond.they get a judgement.
2)they take a couple of payments.suddenly one is late.not your fault,but they get a judgement.
both of these have happened to people on this forum before.you are signing away your rights and i almost know that this place will take advantage of that.i would seek advice from CCCS.i'm sure they would be able to either concure with me or tell you there is no problem.i just think it's a mistake to sign a consent judgement period.
I spoke with a counselor at CCCS and he said that it would be to
I spoke with a counselor at CCCS and he said that it would be to my advantage to sign because they are charging no interest. I then went to the state court and spoke with two different people there and they said the consent agreement was usual in a case where the debtor and creditor would come to an agreement with a payment plan. Also that a "consent" judgement was better than a "regular" judgement because that would allow them to garnish my income and freeze by bank accounts. The judgment also allows a 10 day "grace" period. So I will hand deliver all of my payments and get a receipt to make sure they can never say they never received it. CCCS also said that if I'm in a position in about 12 months to submit an "offer of compromise".
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okay,but i would keep tabs with the court clerk to make sure the court date is cancelled.then make the payments with enough of a window that it will be on time.i have never seen a consent judgement that didn't bite the defendent in the rear.i hope it works out for you.keep us posted please.