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Agreed Legal Judgement


jc72
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$300 medical collection...

made payment arrangements in September for $30 month. This is the one time I didn't get it in writing. I told her DH gets paid every other Friday. Octobers payment would have been due on the 6th (whcih I paid). I thought the agreement was every other Friday there after.

Mailed my November payment a few weeks ago, was in a hurry and got the address off the Yellow Pages online. (found out it was never updated with forwarded address)

This past friday I got the envelope back in the mail saying return to sender, wrong address.. Called PO, they said the CA had moved 1 1/2 years ago, the PO held the mail and sent notice to them to pick it up and they didn't so they returned to me.

Called CA Friday night, they were closed.

Sunday AM I rec'd SUMMONS! Total is $549. I wasn't worried about it since I had "proof" that I mailed payment.

Called CA yesterday...I told the legal lady the situation...said envelope was dated for 11/10 (day DH got paid) She said the payment was due on the 6th of every month and it would have been late anyway. Told her it was supposed to be due every other Friday, she said not.

She said we could pay it in full this Friday or sign a "Agreed Legal Judgement". She explained it as being a written payment agreement that we both sign, for a specific amount every month (about $100) and if we default, they win the judgement. She explained it as being and easier for us to pay it back, with out them getting a garnishment.

I asked if this meant that it would NOT show up on credit report as Judgement, (unless we defaulted) she said "of course it does, you are agreeing to a judgment"

Obviously I am not a complete idiot to let this go that far.

I called her back and asked if we could at least pay 1/2 this friday and 1/2 in 2 weeks, she said yes and I would get it in writing.

Now i am wondering if she is just BS'ing me (cue :roll: ) about what an "agreed legal judgement" is....

Its going to suck to pay that much in the next 2 weeks, but I will do it to get this taken care of,, but I was just wondering about that "agreement"

and also, for anyone who thinks that they won't get sued for that small of an amount, this is the 2nd summons I have rec'd for $300...(that CA let me pay it in 3 months with no legal BS)

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She said we could pay it in full this Friday or sign a "Agreed Legal Judgement". She explained it as being a written payment agreement that we both sign, for a specific amount every month (about $100) and if we default, they win the judgement. She explained it as being and easier for us to pay it back, with out them getting a garnishment.

I asked if this meant that it would NOT show up on credit report as Judgement, (unless we defaulted) she said "of course it does, you are agreeing to a judgment"

Obviously I am not a complete idiot to let this go that far.

No kidding. What an idiot. I'd fight it tooth and nail.

For one thing, if she agreed to 1/2 and 1/2 and renegs, you've got her on false and misleading.

Oh, and answer the summons.

If you haven't opened the returned mail yet, DO NOT. It's great evidence, but it's only particularly useful if it's still sealed.

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Thanks direred....

I ended up calling my BK attorney from 7 years ago (who BTW loves to file suits against CA's, especially this one)

All I really wanted to know from him was if this "agreed legal judgement" that they wanted me to sign,as one of my choices, can really be on my CR as a judgement.

He is calling me back after some research. (he's pretty sure she is BSing)

I called CA back (like i said I would yesterday) and told the legal lady as of now I would be coming in friday to pay 1/2, BUT i had spoke to my attorney because we were confused on her legal jargon. I asked her to please repeat what this paper was....

We would sign agreement, they send copy to courts, reported on CR as judgement.

I told her my attorney would call her to make sure we are all understanding how this could be. She said fine.

Do I really want to sue for violations? No...I do not want to take any chances of this ending up a judgement, somehow. BK is off in 2 months, and we are getting reports on track.

If I find out that I can sign this agreement, and its NOT reported as judgement, I would do that instead of paying over $500 in 2 weeks time.

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It's also called a 'consent to judgment' and it WILL show up on your reports as a judgment ! The only thing this 'agreement' does is stay the ENFORCEMENT of the judgment - for as long as you keep paying EXACTLY on their terms. If you slip, they get to go forward with enforcements such as bank levy or wage garnishment. There will be a judgment granted by the court and entered into the records, where the companies who sell public info to the CRA's will pick it up.

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thanks lady.....

attorney had called her and instead of her saying it was an agreed legal judgment like she said to me she told him it was a "consent to judgement" (like you said) which he totally understood and said NO WAY...

he would like me to fight it with the little bit of evidence i have of them screwing with me but IT SCARES ME....

so I will pay it...she's at least letting me split it into 2 payments (2 weeks apart):roll:

the funny thing is, I had another $300 summons about 4 months ago (once I started getting credit back on track, these ones came out of the woodwork) and they let me pay it over 3 months (total of $500)...

So I know they can do it, some just wont!!

thanks everyone!

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