newsong Posted February 28, 2007 Report Share Posted February 28, 2007 I was served a summons, to which I answered to protect myself from a default judgement. During that time, I came to an agreement with the CA for a scheduled payoff plan against the debt. Here's the catch...The CA STILL wants to go to court he says, "to protect my client in case you default on the payoff plan." I am scheduled to make my first payment of $3,000.00 (of the $5,750.00 owed) on March 9. If I pay this, he's going to be getting his money...and...I'll still be getting a judgment against me, because the CA plans to go ahead with court.....JUST IN CASE....This seems really unfair........I just received the discovery papers from the court, which I need to have completed and returned by March 19, or there around.What the heck should I do? Pay the $3,000.00, or not? Fill out the discovery papers, or not? What is the smart and prudent thing to do? Should I construct a stipulation of some sort?Thoughts...opionions....advice....thanks! Link to comment Share on other sites More sharing options...
willingtocope Posted February 28, 2007 Report Share Posted February 28, 2007 Not fair, but entirely legal...and standard practice.Did you validate this debt? You say its a CA suing you...are they representing an OC, or is it a JDB? I guess what I'm asking is do you have proof these people have the right person, the right amount, the right to collect in your state...and, if you pay them, will it settle the account with the OC? Link to comment Share on other sites More sharing options...
newsong Posted March 1, 2007 Author Report Share Posted March 1, 2007 bump Link to comment Share on other sites More sharing options...
Osiris Posted March 1, 2007 Report Share Posted March 1, 2007 Is this a written settlement agreement? You should have inserted a clause in the agreement saying that the CA agrees to not file a lawsuit or pursue other collection activities in lieu of the agreement. Link to comment Share on other sites More sharing options...
newsong Posted March 1, 2007 Author Report Share Posted March 1, 2007 I do have an agreement in letter form from the CA, with the first payment due 3/9. Nothing in "contract" form where I signed on the dotted line or anything!!! I understand now the "woulda, coulda and shoulda's".....that's my problem..I'm playing a "game" that I'm new at and the CA plays only when the games almost over and THEN decides to play..and then decides to play hard ball at that, while I'm still just learning how to throw the ball back to him!I would like to make the 3/9 payment, to show my intent to pay this off.....however form a stipulation or clause like you mentioned...for the remainder of the debt, that they will not pursue a judgment...UNLESS I default.........ok, I just threw the ball back out......is this a plausable idea at this point? Link to comment Share on other sites More sharing options...
newsong Posted March 1, 2007 Author Report Share Posted March 1, 2007 bump Link to comment Share on other sites More sharing options...
nascar Posted March 1, 2007 Report Share Posted March 1, 2007 You made a deal with the devil; he wants paid. Link to comment Share on other sites More sharing options...
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