Reaching agreement to settle before response is due
Date: Tue, 09/22/2009 - 11:02
When an agreement like this is reached, am I correct in understanding that the lawsuit should be moved to a "suspended" status? Will this happen before my response is due, or do I need to file a response anyway? I want to prevent them from obtaining a default judgement against me despite the fact that we have arranged a payment plan.
Check out the following site. "http://www.nedap.org/hotline/set
Check out the following site.
"http://www.nedap.org/hotline/settle.html"
If the payment arrangement/settlement is arranged in court itsel
If the payment arrangement/settlement is arranged in court itself (as per the above noted site) then you will get a "suspended judgement". Yes, this means that there will be no judgement on your records, however if you miss a payment - even if only 1 day - a default judgement will automatically be against you, so be cautious. And yes, you will get it in writing.
If the negotiators have worked out a deal, then make sure it stipulates that the lawsuit is dismissed (NOT suspended) immediately. And yes, of course, wait for something in writing.
It is often better to come to an equitable arrangement in the court itself because you will be face to face with someone, instead of just another voice out of thousands.