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Found 2 results

  1. 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.
  2. Hi, I have been defending a long running lawsuit in a Florida court. The Judge set a trial date, and the attorney for the Plaintiff left me a voice mail message making a settlement offer, in which he stated: "We both walk away, neither side pays the other anything, and we each bare our own costs and expenses. The offer is good for 24 hours. Let me know." I wrote a letter back to the attorney, quoted his voice mail offer verbatim, noted the time and date of the offer, and said the offer was accepted. In addition, I asked the he send me a copy of a Settlement Notice for the Court, per our local rules of procedure. Now, the attorneys at Sleazy & Sleazy, P.A. appear to be trying out back out of their Agreement. It is my understand that their settlement offer, even one made orally, is a legally binding contract. They made an offer, I accepted, and we agreed to the essential terms. The attorney who made the offer is not taking my call. I called his partner, who is playing the game "I was not privy to this call or Agreement - I'll have my partner call you." Of course, the partner does not call. I plan to go back to court with a Motion to Enforce the Settlement Agreement, however, not sure how to legally memorialize the attorneys voice mail message as evidence. I believe I may not be able to just hold up my cell phone and play the voice mail in court, but need to do this in a more formal fashion. I called my mobile phone provider, but they will only respond to a subpoena, and I wont have enough time to send one out and wait for their reply prior to the trial date. Any thoughts on how to approach this issue? Thank you.
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