Question about consent judgement
Date: Thu, 04/08/2010 - 05:05
Sued by HSBC - no point in haggling over legitimate debt, SOL, and the like. It's legit and rightly owed.
I've been sent a consent judgement to sign and return to the atty office, and the paper only says the judgment is for the amount owed (xxx) plus additional attorney profit. ok.
There was a cover letter that said their client "will accept $xxx" monthly. Now, this isn't written into the legal document. I haven't signed or returned anything, and there isn't even any time stipulation as to when I need to return it.
Do I have to send exactly what the collection agent at the atty office says, or can I send less (which prevents me from getting in more trouble with other creditors)? Should I call this delightful woman back and try to negotiate a smaller amount?
Something just doesn't seem right (aside from my bad behavior that led to this).
I've been sent a consent judgement to sign and return to the atty office, and the paper only says the judgment is for the amount owed (xxx) plus additional attorney profit. ok.
There was a cover letter that said their client "will accept $xxx" monthly. Now, this isn't written into the legal document. I haven't signed or returned anything, and there isn't even any time stipulation as to when I need to return it.
Do I have to send exactly what the collection agent at the atty office says, or can I send less (which prevents me from getting in more trouble with other creditors)? Should I call this delightful woman back and try to negotiate a smaller amount?
Something just doesn't seem right (aside from my bad behavior that led to this).
Just giving this a little bump so it doesn't get overlooked. :)
Just giving this a little bump so it doesn't get overlooked. :)
Quote:Originally Posted by scott_brSued by HSBC - no point in ha
Quote:
Originally Posted by scott_br Sued by HSBC - no point in haggling over legitimate debt, SOL, and the like. It's legit and rightly owed. I've been sent a consent judgement to sign and return to the atty office, and the paper only says the judgment is for the amount owed (xxx) plus additional attorney profit. ok. There was a cover letter that said their client "will accept $xxx" monthly. Now, this isn't written into the legal document. I haven't signed or returned anything, and there isn't even any time stipulation as to when I need to return it. Do I have to send exactly what the collection agent at the atty office says, or can I send less (which prevents me from getting in more trouble with other creditors)? Should I call this delightful woman back and try to negotiate a smaller amount? Something just doesn't seem right (aside from my bad behavior that led to this). |
Is their an arbitration clause? In arbitration you'd get rid of paying the attorney fee... Here's the thing, that document is a judgment prepared in advance and is the easiest way for the atty to win the case without having to do anything. As far as the monthly thing, although I don't know what state you're in, most courts would allow what is called an installment/repayment agreement of say X amount, spread out over 5 years, which may be lower than whatever they were/are requesting, but you have to ask for it at the time the judgment is entered or it would have to be written into the consent J.... I usually try to get instead a settlement agreement, whereby my clients agree to pay X amount for X# of months to settle, and no judgment would enter unless a payment gets missed, then the judgment would enter, less any payments...If they get a judgment by consent, depending on the rules within your state there may be nothing to stop them from taking your payments, garnishing your wages, tax returns, liens etc..., unless they write in the judgment something to the effect that in signing this judgment it is agreed that Plaintiff will accept X# a month from Defendant untill paid in full and would seek no other collection efforts unless and until any payment is missed....I'm doing 10 things at once so my response is jumbled but maybe provide more details...