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CONSENT JUDGEMENT AND ORDER


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:confused:

I have a question, I have come to an agreement w/ discover, however the attorneys office sent me another set of papers in the mail, something called a CONSENT JUDEGMENT AND ORDER.

I was told that this is not a judegement but an agreement between Discover and myself, and that if I default then it will be an actual judgement, is this true? should I sign?

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I wouldn't know without reading the documents. In California, under certain circumstances, I might ask the other side to sign a stipulated judgment as part of a settlement. I usually do this when the defendant can't pay the settlement amount all at once but has to pay in installments. The defendant actually signs the stipulation, but there is a separate settlement agreement which says that I will hold the stip. in trust and I will not file it with the court unless the defendant defaults on any installment.

Bottom line: Read the agreement carefully. If you don't understand it, don't sign it. Bring it to an attorney and have it explained to you. Once a judgment has been entered, a creditor becomes very powerful indeed.

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Long ago I signed a consent judgement and yes, it did find it's way to the court and to my bureau.

Later I did have it vacated, but as they have said above, read all of it. If it doesn't say that they will not file it unless you default on the payment plan, call the atty and for that to be included and tell him you will wait for the revised consent judgement to be sent for you to sign!

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Jordan:

Maybe I'm not understanding the whole picture but it seems that they copied messages you posted on a public board that is widely available on the internet. I can't possibly fathom how that would be relevant to the case and I would be mad at them too. But I don't see how that could invade your privacy rights. Am I missing something?

PS. Good luck.

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