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  • Posts

    • Do I call Hyatt or Bank of A to try and settle?  I was going to try #9000 with payments of 300/monthly. I have to file a response to their suit within 20 days. I do not want a default judgement- and if I can buy time untill arbitration I will have the funds. Can I anwser that they didnt provide statement or any attachments?   Also if I try to settle over the phone am I admitting ownership of the debt? And therefore making my Answer to their complaint fraud?
    • When ever you started paying less than the minimum due would be the date of first default.  Unfortunately from a legal perspective paying less than is due is still a default. You can settle at any time prior to the court reaching a verdict.  You can settle after they get a judgment but would need a lump sum to do so. You can but they will want what is known as a consent judgment.  That means you will sign a document stating you are settling for X amount in Y payments monthly for a fixed amount of time.  The issue with a consent judgment is if you are late, miss a payment or stop paying all together they no longer have to sue you to collect. They can file that consent judgment with the courts and go straight to bank levy.  Pennsylvania is one of the few states that does not allow wage garnishment so you would be safe from that.  So before you agree to a settlement via payments make darn sure you can afford them and follow through.
    • @Harry Seaward @Goody_Ouchless Sorry, I don't seem to be able to multiquote in one message.. But anyhow, I waited to respond just so I'd have more information since I really didn't have any. And, I still don't. I received the 'Notice of Appeal' and waited the full 20 days for them to file, as well as another week. I called the courts and they informed me that they never filed a claim.. What I'm confused about now is, what to do next. The Notice of Appeal states, " (1)You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail.(2)If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU." http://www.pacourts.us/assets/opinions/supreme/out/516civamendattach.pdf I asked the clerk, and she made it seem like they can still file a complaint.. even though their time has passed. But I can file a Non Pros, give them another ten days to file, and then have a judgment against them.. But according to the link above, wouldn't the courts file a "judgment by default"? Thank you for any help, this whole new process seems so convoluted to me
    • I'm not sure.. but I did come across this while dealing with another JDB. That it has to be raised to a higher court before they allow it.
    • I just wanted to post a quick up date, 7+ months later but I finally received the paperwork for the mutual dismissal. A big thanks for everyone's help!
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