It’s a consent judgment because you are making payments. It’s not common for a plaintiff to agree to dismiss a lawsuit when you are making payments, especially when payments are stretched out over a number of years.
If you settled for one lump sum, they might agree to dismissing the lawsuit, there would be no judgment.
Hi, Thank you both for responding. I called to follow up and it's Douglas Superior Court?...I was advised that I can only respond if I have been served and in order for me to be served I would need to come in. Thank you for helping.
Yes, I was served Dec 28th, the hearing is today Jan 19th. I was nervous so I decided to call a representative at Portfolio recovery Associates that same day I was served to settle this outside of courts and come up with a payment plan. I was told over the phone that if I make a down payment today as well as monthly payments, that that'll through the case out. I agreed gave them my bank account information. They said they would send me the agreement and to not worry about the case.
I read in Missouri that you don't have to file an answer you just have to show up but I filed one anyway stating that I requested to have this settle outside of court but instead the plaintiff sent a consent by judgment and I felt I had no choice but to sign.
I received a letter on Jan 11th , a cover letter saying,
" Please be advised that this Consent must be signed and returned. Should you fail to sign and return the enclosed consent, this matter will not be considered settled and your legal case will proceed forward, which could result in a judgement being entered against you. Any payments made without a signed consent will merely be credited to your account. We do not have a mutually agreed upon settlement in regards to the above-entitled action unless and until the attached consent is signed and returned.
Along with judgement by consent, with the stay of execution stating:
"It is further ordered that by consent and agreement of the Plaintiff, all Execution and Garnishment in aid of Execution be stayed: Provided, defendant makes an initial payment of Plaintiff of $100 on or before 12/28/2020: followed by payments of $56.92 beginning 01/25/2021 and continuing on the 25th of each month thereafter, with a final payment of 57.24 on or before 11/25/2028 until judgment is fully paid. Execution and garnishment may issue upon plaintiff's request if defendant defaults in any payments."