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About desertrat

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  1. BTW, my settlement is for 12 months of payments which I intend to make, so quite honestly I just want it done with. I can live with the dismissal without prejudice for now, dismissal with prejudice once the final payment is made.
  2. Not sure what the rules are in your state for filing motions but this is what the clerk of court told me (AZ) order to file any motions I must have filed an answer to the summons. Once I answered I had the right to file any motions. She said I could file my answer and then anytime file for a motion for dismissal (ie. once I had my settlement letter). Good chance the judge could dismiss without prejudice though just to be sure the settlement gets paid.
  3. Okay...let's say I file an answer with a denial to bide some time, then I do receive the settlement letter. Do I go straight to the courthouse and file a motion to dismiss? Will it matter that I denied first and then accepted a settlement or is that really irrelevant?
  4. Any tips on how I should answer the summons in the meantime? Do I deny or state that not enough information was provided for me to answer? Not sure how to handle this with the settlement pending...
  5. Checked the prior cases filed with my particular court with Chase as the plaintiff and most either concluded in a default judgment or dismissal w/out prejudice. Think that pattern has any influence on the attorney out here?
  6. Also the settlement letter is coming from the corporate office in MA and the attorney is here in AZ. Doesn't corporate spell out the terms of the settlement?
  7. The clerk said that as soon as I file an answer I have the ability to file a motion for dismissal based on the settlement letter. What are the odds that the judge would allow for dismissal without prejudice knowing I have the offer letter? Seems like that would be preferable instead of adding to the court load.
  8. Quick summary so far...(I reside in AZ): Received summons from Zwicker a couple of weeks ago on behalf of Chase. I called and agreed to a payment plan after which they sent a consent for judgment which I have not signed. After reworking our finances I called the corporate/collections office yesterday and was able to work out a settlement spread out over 12 months. They told me I would be receiving a settlement letter and I confirmed that I was agreeing to a settlement, not a consent for judgment. The supervisor told me I should receive the letter shortly and should not expect to receive further communication from the attorneys office. I contacted the attorneys office to advise them of the settlement and that they should be receiving communication about it. They proceeded to tell me since the payments are spread out over a period of time they might still require a stipulated judgment to protect their ability to receive the money. I contacted the court to find out the procedure for filing an answer or a motion to dismiss (I'd be happy to do that without prejudice as long as I can avoid a judgment). They said I have to file an answer to the summons first and then I can file a motion to dismiss once I have the settlement letter. These are my primary questions: *If the collector told me they were accepting the settlement and a judgment would not be necessary can the attorney do something different or are they just telling me that since they haven't received the final word from the corporate office? *Once I have the settlement letter can I ask the attorney to work with me on the terms (ie. dismissal without prejudice v. judgment)? *If they are not willing should I tell them I plan to file an answer so that I can file for dismissal (hoping the judge would go for the dismissal without prejudice which protects the creditor but relieves the court load)? *If I do have to file an answer how should I respond? I can't really deny all the claims since I agreed to a settlement, so what should my answer consist of? *Any other suggestions or feedback? I do owe the debt (loss of a 50K paycheck per year put me in a bad position) and am satisfied with settling so I'm not trying to beat the system. Just trying to keep a judgment off my record.
  9. Currently live in AZ (community property state). After losing 50k per year due to job loss I am settling a lot of my debts, but trying to keep my husbands clear since he has the income, better scores, etc. Was not able to work an agreement with Chase and they filed suit. Have worked out an arrangement but I think it will still be on my credit report as a consent judgment. We are planning to move this summer. If this judgment appears on my husband's report will it be removed (or can it be removed) since we'll no longer be in a community property state?