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Consent Judgment Entry Question -- Recovering Attorney and Uwackme Please Help!


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Prior posting...

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=256915

Question....

Please review text in red and provide clarification...

Does the text in red mean that the sum of $1000.00 plus interest is calculated at the rate of 6.00% then I add + the court cost $50.00. For ex, 1000.00 x 6.00% per annum + court cost ($50.00)

OR Does this mean the sum of $1000.00 INCLUDING the court costs ($50.00) are calculated at 6.00% per annum? For ex, 1050.00 x 6.00% per annum

Please help!!

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THE PARTIES HERETO AGREE to Judgment for the Plaintiff, against the debtor, et al., in the sum of $xxxx.xx plus interest at the rate of 6.00% per annum from date of judgment plus court costs.

DEFENDANT'S Counterclaim is hereby Dismissed with Prejudice.

Plaintiff agrees not to execute on said Judgment other than the filing of a judgment lien, so long as the Defendant pays this Judgment at the rate of $xxx.00 per month on the last dat of each month beginning August 31, 2006 until paid in full. If Defendant defaults on the payment plan as described above, judgment shall revert back to prayer of Plaintiff's Complaint, as judgment in favor of Plaintiff and against the Defendant, in the amount of $xxxx.xx plus interest at 6.00% per annum from date of judgment plus court costs, less any payments already received.

Checks should be made payable to <OC Name> and should be mailed, postage prepaid, to the office of the Plaintiff's attorney. The date of the payment shall be evidenced by the postmark on the envelope containing the payment.

In the event that the Defendant fails to submit any payment on time or for the full amount, after allowance of a five (5) day grace period, Plaintiff shall have the right to commence execution proceedings for the full judgment amount which is then due and owing, including court costs and interest without further order of the Court.

The parties agree that acceptance by the Plaintiffs of any payment made after it becomes due shall not constitute a waiver of the timeliness requirement concerning that payment, not any future payment.

IT IS SO ORDERED.

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But costs are added to a judgement and the judgment as a whole is subject to the 6% statutory interest rate.

What you have to do now is understand how and when they are computing the interest. Are they front loading the interest then deducting your payments? Or are they adding interest to the monthly balance then deducting your payment.

If you have agreed to a set number of payments, say 12, then you should make sure they take the judgement amount, add the interest, then subtract your 1/12th payment, giving you a credit should you pay it off early.

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  • 1 month later...
But costs are added to a judgement and the judgment as a whole is subject to the 6% statutory interest rate.

What you have to do now is understand how and when they are computing the interest. Are they front loading the interest then deducting your payments? Or are they adding interest to the monthly balance then deducting your payment.

If you have agreed to a set number of payments, say 12, then you should make sure they take the judgement amount, add the interest, then subtract your 1/12th payment, giving you a credit should you pay it off early.

Recovering I have contacted the attorney via email, phone and mail and they will not respond to my question. The attorney initially during the settlement process pretended like they didn't know what the term front loading meant. I'm dealing with Javitch of course! Do I need to contact the Ohio Bar association to file a complaint with the billing discrepancy or the judge who signed the agreement? And since I have disputed the balance, they have decided to report the judgment to the CRA's. Isn't that funny.

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Maybe you have to call teh court and ask for a conference, telling the judge you need his help as the attorney doesn't seem willing to answer any questions for you, and that is holding up a resolution.

One more question... I just noticed the attorney is reporting the incorrect balance on my credit file. The attorney has taken the original amount and subtracted my payments and reported that as the balance to the CRA which is illegal.

Per the court records, we agreed to a settlement entry amount that the judge signed and my payments should be deducted from that amount and are not.

Can I file a FCRA and FDCPA violations against the attorney? Can I file a complaint with AG and Bar Association?

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