Search the Community
Showing results for tags 'agreed judgment'.
Question: Is an Agreed Judgment necessary in this situation? I want to pay the full balance on a credit card debt. I received a notice of intent to file civil law suit from a collections attorney representing the Original and Current Creditor (same bank). I contacted them and over the phone discussed terms (a payment plan) and requested the paperwork for a settlement agreement of those terms. I received in the mail a 1) settlement agreement, and 2) an agreed judgment. They have asked me to sign both and return them. In the settlement agreement it says: "During the conversation, you expressed a desire to reach a settlement in this matter and stated that you would be willing to enter into a payment plan concerning the Account on the condition that (1) we enter into a signed settlement agreement, (2) you agree to a repayment plan, and (3) you consent to the entry of an Agreed Judgment. In exchange, we will agree not to pursue collection of the judgment as long as you make you agreed payments under the terms of this Settlement Agreement:" [and then it lists the repayment terms] At no point in the (legally recorded) conversations was an Agreed Judgment discussed. The Agreed Judgment includes an additional page, that states: "It is further ordered, adjudged, and decreed that the plaintiff Bank of America, N.A., is entitled to post-judgment interest on said judgment to be computed at the rate of 5.00% annum on the damage portion of the award, and at the rate of 5.% per annum as to all over amounts awarded herein, said interest to accrue as allowed by law from the date of this judgment until this judgment is satisfied." In the phone discussion, the representative specifically stated that they are not charging interest. I was informed when I originally called them that the law suit had been "printed", and that the next step would my being served. The validation documents and the above described documents were mailed to me. I want to sign a settlement agreement. I want and am prepared to repay this debt. I do not want to agree to a judgment against myself.