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Showing results for tags 'consent judgment'.
I signed a consent by judgement not knowing what it truly was. I felt like they tricked me into signing based off of the phone conversation, saying that if I made a direct deposit that day they will dismiss the case. As well as the time frame it was sent and the verbaige of the cover letter attached with the consent. Is there anything I can do to get this voided, thrown out? I have a hearing today. I should have found this forum sooner. This verbiage was on the cover letter of the consent and it really confused me: “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 judgment being entered against you.” little did i know that i was signing away to agreeing for a judgement to be set against me.
I did not even realize, but i think this is post #1,000 for me!!! anyway, a little background: http://www.creditinfocenter.com/community/topic/314036-midland-settles-brings-me-to-10-wins-0-losses/ My current/last lawsuit was non-JDB related, but I filed a lawsuit in federal court which resulted in a settlement, consent judgment signed by me and defendant. Judge should be signing the consent judgment now. My assumptions are that: in a chapter 7 bankruptcy, the bankruptcy trustee can (will) accord the debtor complete relief from creditors and/or debts owed and discharge all debt. There are situations where the Court/trustee will fail to discharge debt, for example when the judgment creditor's underlying lawsuit alleges fraud or intentional misrepresentation. So my question, (i have two): 1) When the trustee decides not to discharge debt for reason of fraud or intentional misrepresentation, must the underlying lawsuit merely allege fraud/misrepresentation even if it ended in a consent judgment or must the fraud action result in a judgment on the merits for it to be considered fraudulent? 2) I am under the impression that liens can survive bankruptcy. With a consnet judgment how can i attach some sort of lien on the judgment debtor? Must the lien be on property? Suppose the debtor does not own a car, or house, can i place a lien on debtor's bank accounts, etc? This is new territory to me
I am being sued by law firm representing hospital for unpaid medical bill. The summons and complaint provided only vague information, so in my response I stated that vague account information has been provided and I can't say this is my debt. The lawyer sent me a letter in response to my answer, providing detailed account information and stating that he has prepared order to motion to summary disposition which will be filed if I don't respond with a signature on consent judgment with a payment plan lawyer proposed. This debt was supposed to be covered by spouse' (now) ex-employer. They offered a perk of covering any excess deductibles about certain amount, however when it was brought up, they stated that the perk was no longer offered and the enrollment paperwork spouse signed that states such perk (have copy of that enrollment along with previous insurance enrollment and a bill that was previously covered) but employer said, information on the renewal was a mistake. I do want to take care of this debt or work out settlement, but do I need to file any response with court to this motion? I do have court date set for Tuesday, yet this form is to be signed and returned by Monday. I was hoping to state my case in front of the judge and perhaps get balance due lowered or remove interest, fees and such . I'm clueless how to proceed.