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received stipulation of settlement agreement, need help.

Date: Mon, 06/23/2008 - 10:17

Submitted by anonymous
on Mon, 06/23/2008 - 10:17

Posts: 202330 Credits: [Donate]

Total Replies: 7


The attorneys for the creditor suing me just sent me the agreement letter. They agreed to the amount that I was willing to pay them a month, but at the bottom it says:

"plaintiff will proceeed with entry of judgement for full amount, however the sum that defendant (me) agreed to pay upon shall be accepted in full satisfaction of judgement if paid in accordance with the terms of this stipulation."

My terms were $150 every month. I just wanted to ask here before I sign and send this back. I just want this over with.


what was your answer?it sounds like they are
trying to coerce or trick you into something.


lrhall41

Submitted by paulmergel on Mon, 06/23/2008 - 10:29

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"Defendant understands that a law suit will not commence until the filing and agree to accept the summons and complaint if nt already served"

It seems to me like they are trying to make it LOOK like an official lawsuit with the terms they are using such as plaintiff and defendant. If you have yet to get a summons, it looks like they are trying to scare you with law jargon.


lrhall41

Submitted by on Mon, 06/23/2008 - 11:42

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I'm not sure about the part at the top, but it sounds like the other part is saying that they will go ahead and enter a judgment for the full amount. If you make the agreed upon payments, the judgment will be satisfied, and if you don't, then they will pick up where they left off. Either way, it sounds like you are agreeing to let them enter a judgment against you

I'm not an expert, so hopefully someone who is will advise you further!


lrhall41

Submitted by alias1958 on Mon, 06/23/2008 - 12:53

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Don't sign the agreement with either of those sentences. The first one basically is saying that you are accepting service of the suit. Second is basically setting you up so that they can claim you breeched the agreement. Also it will remain on your credit report which is another bad mark.

Have you had them validate the debt to prove that they are legally able to collect this debt? Because by signing this document you are giving them the right even if they don't have it.


lrhall41

Submitted by on Mon, 06/23/2008 - 21:00

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