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Stipulation to Judgment

Date: Sat, 11/28/2009 - 21:37

Submitted by Phoenix.AZ
on Sat, 11/28/2009 - 21:37

Posts: 36 Credits: [Donate]

Total Replies: 7


I signed a stipulation to judgment after a mediation case to avoid court.
When checking online on the Docket of court cases...it's showing my case as "Adjudicated" and is showing the entire amount I was being sued for under "Judgments." Is this normal? I though a stipulation to judgment is not in fact a judgment so why would it currently show the entire judgment amount that would be due if I defaulted on my stipulation? Is a stipulation to judgment still a judgment? I'm just curious as to why its displaying the entire amount I was sued for if we stipulated...


Why would they be able to take the stipulation that we setup in mediation to a judge and why would a judge approve it? I thought the whole point of mediation was to avoid further proceedings. I will call but I am just curious as to why they would be able to take this to a judge after we both signed paperwork in mediation.


lrhall41

Submitted by Phoenix.AZ on Sun, 11/29/2009 - 21:52

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IMO stipulation works kind of a default judgment against you, i.e. you're agreeing to allow the creditor to garnish your wage and such without proper approval from the court. Creditors might get a default judgment against you if you fail to comply with the terms set in the mediation. That is why Uncle is right in saying that signing stipulation is a bad idea.

What happened? have you defaulted?


lrhall41

Submitted by on Sun, 11/29/2009 - 23:02

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Quote:

Originally Posted by Phoenix.AZ
Still too early for me to call the courthouse here....I have not defaulted on our signed agreement. The court docket is showing this processed three days after first payment was due. They are doing automated payments...the payment definitely cleared. Ugh.


the question is when it cleared.since you signed the stipulation they could have made it so it cleared 1 day late.then they can get the judgement.anothe reason not to sign that kind of agreement.some creditors use it as a safeguard,but bottomfeeder will look to excecute it.


lrhall41

Submitted by paulmergel on Mon, 11/30/2009 - 05:49

( Posts: 15514 | Credits: )


Quote:

Originally Posted by Phoenix.AZ
The check that cleared shows the 15th and that is the due date for payments. The papers we signed stated they must allow up to five days for payment to be considered late...


well then let the courthouse,and judge know this.they shouldn't be allowed to execute that without proper cause.it doesn't look like they do.


lrhall41

Submitted by paulmergel on Mon, 11/30/2009 - 06:34

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