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Lawyer's office is shady! Please advise!


workingitout
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I settled with atty on a $1500 balance for $1000.00 - paid $500 up front and $100.00 a month- have paid $600 so far (as per the settlement order from the court)- can they still collect on the balance after I pay the whole $1000? I wasnt knowledgeable enough at the time to ask for deletion on payment, plus the atty's office isnt the one reporting me -the CA that had it before is the one on my CR. Anyway the consent settlement order says that they agree to accept this settlement in the matter, and if I miss a pmt they can go back to court and get the full judgment, etc. So after I pay the $1000 in full can they still collect on the balance? Also are they legally allowed to add interest even though there is nothing in the court papers about adding interest because they are- and also they are changing the dates I owe payments, etc, on the statements. I tried to talk to them on the phone but they told me it was an "arrangement" not a court order, they are just acting really shady and I wanted to know what are my rights under this consent settlement order??? Please help.

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Well im not very knowledgeable about any of this . But it would seem if they settled and you have it in writing then thats all they can collect. Was the attorney who you were dealing with different than the CA or part of their agency ?

If it was a differnt atty then I don't think the other CA should still be on the CR if they sold it to someone else? BUT again , im new and not sure.....

Also did the courts set this up or did the attorney , because if it was the courts I don't know why they are calling it an " arrangement " ? If they set it up by just scaring you into a settlement with talks of judgements and suing than there may bre something you can do ( others here can tell you more )

I just wanted to say keep ALL the paperwork you have , especially if they keep changing dates and amounts , and adding intrest. Im not sure what is legal and what isn't ....others here will know , but I do know you want to keep copies and phone recordings ( if legal in your state ) of everything

That way if they are trying to be shady you can turn it around on them.

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If you have it in writing with the account number on it, then no they cannot legally pursue the remaining $500. I'm confused though...if they agreed to accept 2/3 the amount, then I'm assuming you didn't actually go before a judge, yet you refer to a "settlement order from the court". Was this agreement reached right before the hearing? If it's a legit agreement in writing then no, they cannot change the terms as they please. Could you maybe post the agreement? You could be getting hosed here!

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Here is the verbage used (word for word) . This settlement was reached right before their motion for summary dismissal. **note I am now thinking of suing them because the filed in the wrong county AND they also say that Midland Credit Management is the creditor, which according to my understanding they can't say they are the creditor unless they bought the debt** but anyway here it is:

"Plaintiff and defendant in the above entitled case having agreed to the entry of a Consent Settlement Order, have shown that by affixing their signatures hereto approve this order as to both form and content, and the Court being fully advised in the premises, now therefore,

It is hereby ordered that Defendant shall pay to Plaintiff $1000.00 in settlement of this matter in the following manner: $500.00 on or before February 11, 2005 and thereafter monthly payments of $100.00 commencing March 15,2005 and the 15th of the month of every month therafter until paid.

It is further order that all payments should be sent to: XXXXXXXXXX(atty name and address)

It is further ordered that this matter shall be conditionally dismissed without prejudice, but shall be automatically reinstated should the Defendant fail to remit every payment as agreeed and upon Plaintiff filing an Affadavit of Non-Compliance upon the Defendant. IF no objections to the Affadavit of Non-Compliance are filed within 7 days, this Agreement shall be set aside and a judgement shall be entered for the full amount prayed for in this complaint, less any payments made, plus interest, costs, and attorney fees.

It is further ordered that upon payment om full, pursuant to this Consent Settlement Order, this matter shall be dismissed with prejudice.

And then all the signatures. It was filed on the court after I made my first payment. I have complied with this order but their statements show my due date as the 11th, not the 15th. Also nothing in this order says they can charge interest. Does anyone know if they can by law? It's not a judgment which I understand they can charge interest on. I only owe $400 now but I am thinking it's time to get in their face. They have really annoyed me and to make matters worse this whole thing is bull anyway it's for a $300 limit credit card that they just went crazy and added all kinds of fees and refused to shut my acct down.

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They must stick to the agreement unless you default and they cannot make any changes such as adding fees, interest, etc. If you did default or miss a payment the plaintiff would probably have to go back to court to reinstate the original judgment. What are you concerned about?

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As long as you're paying by the 15th, you're fine. How are they adding interest?? Sending a statement for more than the agreed upon $100.00?

They are adding interest to the balance. I have paid $600.00 so far and they say the balance is $411- something instead of $400.00.

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