agreed judgement and amount

Sounds like a trap to me, if they had the lawsuit filed and then you agreed to make a payment to them, most likely they never canceled the lawsuit. DO NOT sign anything that you do not agree to.

of course they never cancelled the lawsuit... why would they? seems like some of the things they told you (or probably more accurately didnt tell you, but also didnt tell you otherwise) got lost in translation. seems like they want you to consent to a judgment that they agree not to enforce as long as you pay as agreed. the amount being wrong is bad. did you receive documents to sign?

and a little clarification - i say they wouldnt cancel the lawsuit not as sarcasm, as realism. they wouldnt cancel a lawsuit unless its paid or they are beat legally. it would be stupid of them to cancel a suit based on a promise to pay and then have to refile if you default.

They did send me papers to sign. If they are agreeing not to file a judgement with the court as long as I make and keep to the payment arrangement, then I am fine with that. The amount is bothering me but, I don't want to piss them off. The difference is about 3 months more of payments that I would prefer to be able to direct to get other bills paid off. I am beginning to see the light at the end of my debt tunnel. I don't have all that much more besides student loans. So, I want to get them all paid as soon as possible and that add'l money is a lot as it would probably pay off all my other stuff or almost all. So, should I call them to discuss the amount? Should I call to clarify if it means that they won't file with the court unless I default? SHould I just sign and return and suck it up? Just needing advice. Thanks!

no, what i said is it sounds like you are signing to a judgment - meaning a judgment will be entered - but they wont proceed to enforce that judgment (ie levies, garnishment, etc..) as long as youre paying as agreed. theres a difference between that and agreeing NOT to file a judgment. a BIG difference. clarify the point with them.

The two types of agreements I work with (through my attorney) are: 1) Stipulation to Non-suit, and 2) Agreed Judgment and Payment Order.

Both have their pros and cons, but are used in cases where the debtor admits the debt and wants to resolve the issue without further courts costs.

Creditors & Attorneys do not like to simply "drop" a suit once it has been started. The reason being that: 1) they have already served you (I'm assuming); 2) if they drop the suit and you subsequently reneg on your promise, then they have to refile and go through the process of serving you again (in the future, they may not know where you live in order to serve you); 3) [my] experience shows that 85% of defendants who setup payment arragements to divert a lawsuit never actually follow through with those payments.

An Agreed Judgment means that you do not object to the creditor's claim and agree to the judgment. The attorney brings your signed agreement into the court, and a judge enters such judgment into the court record. As guest said above, the creditor usually agrees to cease further collection as long as payments are being made. With a judgment in place, the creditor doesn't have to worry about "going" back to court in the event of non-payment. You may ask "Why would anyone sign such an agreement?" Well, the alternative (not signing) is that the creditor proceeds with the case, which can result in additional court costs and attorney fees. As a creditor, I usually offer monetary incentive to induce the defendant to sign (either by reducing the amount owed or waiving attorney fees).

We usually use a Stipulation to Non-Suit in cases where the defendant contacts the attorney before a case is actually filed with the court. It is similar to an Agreed Judgment in that in the event of non-payment, a Stipulation can be converted into a judgment upon motion by the plaintiff, without having to serve the defendant, because the defendant also waives service and submits to personal jurisdiction by signing it.

well said. i would only add that a stipulation can also be used after suit has been filed, typically if the debtor is willing to pay within a specified time period. but again, should they default on that agreement judgment will be entered according to a signed agreement.

So, am I understanding this right. If I sign and return the agreement judgement, it WON'T be entered in the court system unless and until I default on the payment arrangement? Also, should I just suck up the add'l 1200 to avoid making them get pissed at me? Thanks for all the help!!!!!

no you're not understanding - there are two options here
1. You are signing a document that will be filed in court and a judgment granted due to your consent - or
2. You are signing a document where plaintiff agrees to NOT enter judgment unless you default.
You need to read the document more carefully and/or call the plaintiff's attorney for clarification about which you are doing.
As far as the $1200 is concerned, thats no small amount of money. You need clarification on that as well. Suck it up and call the attorney's office.

Unfortunately these agreements are usually not in plain language that just anybody could understand. After all, they are typed up by attorneys who are working for the creditor and looking out for the creditor's best interest.

My agreements, for example, will state in the first paragraph the actual amount owed and that the defendant admits to owing that amount. Then in the second paragraph we state that the plaintiff agrees to reduce the amount owed and accept $XX.XX (settlement amount) as payment in full so long as the payments are made as agreed. Then further down it states that if default be made, the plaintiff is entitled to enter judgment for the full amount owed (not the settlement amount) less payments made.

So the fact that the original amount of the claim is listed on the agreement is not out of the ordinary. But you should make sure that you are agreeing to pay the settlement amount, and that the "actual" amount is only listed in case you default.

Also, as guest above said, the language in the agreement will determine whether a judgment is actually being entered. A few signs/hints to look for: 1) If it says "Agreed Judgment" anywhere then most likely a judgment will be entered if you sign it. 2) If there is space for a judge's signature, then most likely a judgment will be entered when a judge signs it (non-judgement agreements don't usually require a judge's signature, just the attorney's).

Ok....I am really needing more advice. I am REALLY wanting not to have a judgement filed against me. Do I have any options at all? The amount is drastically higher than originally menionted. Will CA's give me a bit of a leadway? I'm already offering to pay 400 per month on what I thought was 2500 but has turned into 3600. (grr) Do you think that if I agreed to somehow step it up and pay in full within 120 days that they would hold off on the filing the agreed judgement with the court? I'm not really getting any incentive at all on this. Maybe state that I could pay the 400 per month (min.) with remaining balance within 120 days? I need some real help from someone on the other end....debtcruncher are you there?

first of all, did you already sign the agreement and send it back? if the answer is no then call the collector. all the questions you're asking us are things you should be asking the collector. there is nobody on this board that can speculate as to what they will agree to. i will answer one question you had by saying this - do not expect ANY leeway in your payment agreement. if your payment is a day late or a dollar short they are within their rights to consider you in default.