have agreement but received notice of judgment?
Date: Wed, 09/29/2010 - 11:20
You should have shown up in court with a copy of the agreement.
You should have shown up in court with a copy of the agreement. It is your responsiblity to find out when the court date is after receiving a summons.
The settlement should still be valid although you might want to contact your attorney....obviously he is not doing his job.
This did not happen because the defense attorney didnt do his jo
This did not happen because the defense attorney didnt do his job. It happened because the plaintiff and/or plaintiff's attorney pulled a bone-headed stunt that just happens to be illegal.
First, you have a written agreement. The defendant's attorney has no reason to think that the plaintiff will go against the very same agreement that they signed and agreed to abide by. This is why you get a written agreement in the first place--the attorney knew that a written agreement is enforceable and if there were to be any breach, it may be possible to have the whole thing thrown out in the end.
Second, is the plaintiff the original creditor in this case? Or was ita debt collector that bought the debt from your original creditor? If it is the original creditor, then there is no violation of Fair Debt Collection Practices Act because that law only applies to third party debt collectors, not to the original creditor. If you were sued by a debt collector instead, then it is time to go after them. In that case, this would most definitely be a 1 because the FDCPA does not allow ANY deceptive practices in debt collection. At this point, you can talk to your attorney about filing an 1 lawsuit. It would pretty much be an open and shut case for you....
