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question about settlement through courts


workingitout
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Hi there- I have 2 questions about a settlement. It was Orchard Bank then went Midland Credit Management, who contracted a local attorney to sue me. The atty sued me in Washtenaw county, which I think is a violation- I rec'd and used the credit card in Calhoun County, and I live in Wayne county when I was sued and served (they had all of my address info and even if they didnt, oh well because I was changed with USPS and the secretary of state). So first question, can I do anything to them because of the violation? Second question- I agreed to a "consent settlement" for $1000 on the debt, which was formalized through the county court (instead of going to trial). I paid the initial payment of $500 as agreed, and have five more $100 payments to go. The question is do I need to get something in writing saying the debt will show paid on my CR? Or am I too late? After I made the first pmt they sent me a statement saying I owed $1376- $500 still which wasn't our agreement. What should my next step be? Please please advise!!!

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Sueing in the wrong county is a violation. If the consent did not release them from you suing, you can take them to court seperately on that violation. Although I would never recommend anyone taking one violation into court, get them to rack up more. HOWEVER that being said it may be possible that you can wait until it is paid off, file in small claims on the wrong venue and get them to settle before hand for a delition, they may even settle with a simple ITS.

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Sueing in the wrong county is a violation. If the consent did not release them from you suing, you can take them to court seperately on that violation. Although I would never recommend anyone taking one violation into court, get them to rack up more. HOWEVER that being said it may be possible that you can wait until it is paid off, file in small claims on the wrong venue and get them to settle before hand for a delition, they may even settle with a simple ITS.

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Sueing in the wrong county is a violation. If the consent did not release them from you suing, you can take them to court seperately on that violation. Although I would never recommend anyone taking one violation into court, get them to rack up more. HOWEVER that being said it may be possible that you can wait until it is paid off, file in small claims on the wrong venue and get them to settle before hand for a delition, they may even settle with a simple ITS.

- it is a violation and I see what you are getting at with the deletion. Would it make any difference if I don't wait and just send a letter now making them aware of the violation and asking for a signed "delete upon payment"? Or maybe just start with asking nicely and if they dont respond, then threaten? One more thing: does it matter that the wrong county didnt keep me from "defending" myself or is it just that a violation is a violation and that's the end of it? I checked the consent agreement and I don't see any thing that would keep me from suing except the term "upon payment this matter shall be dismissed with prejudice" -does that mean anyting? Thanks for responding and thanks for any more answers you can give me!!! :D

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Sueing in the wrong county is a violation. If the consent did not release them from you suing, you can take them to court seperately on that violation. Although I would never recommend anyone taking one violation into court, get them to rack up more. HOWEVER that being said it may be possible that you can wait until it is paid off, file in small claims on the wrong venue and get them to settle before hand for a delition, they may even settle with a simple ITS.

- it is a violation and I see what you are getting at with the deletion. Would it make any difference if I don't wait and just send a letter now making them aware of the violation and asking for a signed "delete upon payment"? Or maybe just start with asking nicely and if they dont respond, then threaten? One more thing: does it matter that the wrong county didnt keep me from "defending" myself or is it just that a violation is a violation and that's the end of it? I checked the consent agreement and I don't see any thing that would keep me from suing except the term "upon payment this matter shall be dismissed with prejudice" -does that mean anyting? Thanks for responding and thanks for any more answers you can give me!!! :D

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did you sign a consent judgement? If you did, then all of the monies involved in the judgement should have been in the documents. BTW the State of Michigan allows 4.5% interest on settled consent judgements.

Good luck and review your documents.

Hi there fellow Michigander! Yes, I did sign a consent judgement. And after I posted that I called the office and the CSR I spoke to said that they just didnt have the court paperwork in my file yet when that statement was sent out, etc. and that they would send me a corrected statement. Just to be safe though when I sent my payment on Friday I sent it certified, let them know I wanted a corrected statement, paid with a check and also noted that the one time check by phone was one time authorization only and that they had no auth to debit my acct at any time in the future. I was very polite but let them know not to fool around with the numbers. Hopefully that will make them pay attention. I am getting alot smarter since being on this board and reading - thanks to everyone!!!

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did you sign a consent judgement? If you did, then all of the monies involved in the judgement should have been in the documents. BTW the State of Michigan allows 4.5% interest on settled consent judgements.

Good luck and review your documents.

Hi there fellow Michigander! Yes, I did sign a consent judgement. And after I posted that I called the office and the CSR I spoke to said that they just didnt have the court paperwork in my file yet when that statement was sent out, etc. and that they would send me a corrected statement. Just to be safe though when I sent my payment on Friday I sent it certified, let them know I wanted a corrected statement, paid with a check and also noted that the one time check by phone was one time authorization only and that they had no auth to debit my acct at any time in the future. I was very polite but let them know not to fool around with the numbers. Hopefully that will make them pay attention. I am getting alot smarter since being on this board and reading - thanks to everyone!!!

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YEs, you can try that approach. It is going to depend on the responsivness from them you have received so far.

It is likely they may argue that by signing the conset you submitted to the jurisdiction of the court, you counter with least sophisticated consumer, Pro Se, etc. But if you hang tough with them and they have received their money they will likely fold and go away.

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YEs, you can try that approach. It is going to depend on the responsivness from them you have received so far.

It is likely they may argue that by signing the conset you submitted to the jurisdiction of the court, you counter with least sophisticated consumer, Pro Se, etc. But if you hang tough with them and they have received their money they will likely fold and go away.

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