Is Agreed Judgment The Only Way?

Date: Thu, 01/14/2010 - 19:04

Submitted by anonymous
on Thu, 01/14/2010 - 19:04

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Total Replies: 2

I have a credit card debt for $15,300 which is a little under 4 yrs old, so the SOL has not been reached. I was sued by the collection agency and called them, and they agreed to accept $50/mo. from me. I told the lawyer I would need in our written agreement a statement that they are withdrawing the lawsuit and agree not to file a future lawsuit, provided the payments are made on time. He agreed. However, in talking to his assistant today, she said they're preparing the documents for an agreed judgment, and checked with the lawyer and he confirmed it. I tried to talk to him, but he hasn't called me back.

Should I insist on them simply withdrawing the lawsuit, as we originally discussed, or is an agreed judgment the only way that this can be resolved? I have heard that sometimes agreed judgments are entered as judgments anyway, even if all payments are made on time, and I would prefer not to have to enter into an agreed judgment if it's not necessary.

Thanks!

Don't send them any money, I would file a Motion to Dismiss on t

Don't send them any money, I would file a Motion to Dismiss on the grounds you never had an agreement with this collection agency and make them come up with the paper work to prove it. If you did not answer your complaint they will get a judgment against you. I would not trust them.

lrhall41

Submitted by on Fri, 01/15/2010 - 02:10

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The question of 'is it the only way'? depends on what you can ta

The question of 'is it the only way'? depends on what you can talk the attorney into. An agreed judgment is very common. You may be able to get an agreement which states if you don't make your payments as agreed he can automatically get the agreed judgment, but it depends on what you can talk the attorney into doing.
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lrhall41

Submitted by AnyaR on Sat, 01/16/2010 - 17:11

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