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creditor trying to fill "agreed judgment entry" for negotiated payment plan

Date: Tue, 09/29/2009 - 08:23

Submitted by anonymous
on Tue, 09/29/2009 - 08:23

Posts: 202330 Credits: [Donate]

Total Replies: 3


A creditor filed suit against me over an unpaid loan and I am working with a debt mgmt company to negotiate settlement. The account was not even 90 days past due yet when the suit was filed. My response to the suit is not due for another couple weeks, but the negotiator reached a verbal agreement for a downpayment and on-going payment plan to settle the account.

I thought this meant they would drop the lawsuit, but they have sent me a form describing the plan as part of a "Agreed Judgment Entry" they want to file to settle the case.

My downpayment more than brings the account current and the agreed monthly payments are more than those I was previously required to make under the original agreement. Why would they need to enter a judgment against me under these conditions?

I'm assuming this judgment will have a lasting negative impact on my credit report, is that correct? Should I just make the payment to bring the account current and file a response to the suit saying the account is current now? Can they still obtain the judgment anyway?


This type of judgment is not necessarily a bad thing. When a creditor views this and see's an agreement for you to repay has been agreed upon many creditors will see this as hard times and like the fact you did agree to settle. The ATTY will drop the case entirely if you pay in full prior to going to court in most cases. In this situation the lawsuit is dropped and basically never happened.


lrhall41

Submitted by on Tue, 09/29/2009 - 08:43

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