Judgement Question

[Tointo20]

I have been served a summons for a debt that was owed fours years ago. I am going to reply to the collector that is handling the account and let them know how much I can pay per month since I cant afford to pay the whole balance at once. My question is can they still get a judgement on me if I am paying them??? Im in Ohio. Whats the best way for me to handle this and avoid a judgement?

[CarolinaBlueEyes]

I have been served a summons for a debt that was owed fours years ago. I am going to reply to the collector that is handling the account and let them know how much I can pay per month since I cant afford to pay the whole balance at once. My question is can they still get a judgement on me if I am paying them??? Im in Ohio. Whats the best way for me to handle this and avoid a judgement?

The way it usually works (and check with your state laws) is you call the creditor you work out a payment plan. They get what is known as a consent judgement. Basically its a judgement that you sign without going to court that way if you default they can still have recourse. Its pretty simple. if you come to terms. GET IT IN WRITING FIRST. They mail you the papers, you get them signed and notorized and send them back, they are filed with the court and nothing happens unless you default

Make SURE however you do not pay them out of your regular checking account. ALWAYS create another account in another bank for these payments and do not give them auto draft of any kind..

[Tointo20]

What if we cant come to agreement on the payment? Can I fight the judgement or can the just go ahead and get a judgement against me if we cant agree on a payment term? It just doenst seem fair that if you willing and trying to pay them money that they can still go and get a judgement agaisnt you without any fight from you.