sharizap Posted April 21, 2007 Report Share Posted April 21, 2007 I'm kind of in a panic and I don't know what our rights are- if anyone has any ideas please let me know!! I've posted parts of this in other posts, just adding the whole story for context, so it makes sense. I'm really getting worried.Some time ago, my dh didn’t respond to a summons and a default judgment was rendered on an old CC debt. (this was, obviously, before I found this website.) So, it is what it is, and there’s a judgment against my dh. The original debt amount was $2940.77, the award includes court costs and the final amount is $3146.27. Last week we were contacted by a PA State Constable who said that it was imperative that we meet, that he was a “nice constable” and was only interested in helping us resolve the issue- that he’d help get us on a payment schedule, etc. My husband agreed (under pressure) to meet with him on the weekend. The next day I contacted the CA that was awarded the judgment, and was told that we could work out a lump sum settlement. She said we’d make an offer, they’d take it to their board, and the board would either approve it or make a counter offer. I offered $1500 + court costs, which would amount to approximately $1700. The manager of the CA said he’d present it to the board at their next meeting and let me know what they came back with. It was his opinion that they wouldn’t accept, and would ask for closer to $2300. He also said to “not worry” about the constable, who was scheduled to come to our house that Sunday.On Saturday, April 14, the constable arrived (a day early!!) with an order of execution for the judgment. He spoke to my husband, who managed to talk him out of walking through the house to list all of our possessions for a sheriff’s sale. He said he was aware that we were trying to work something out with CRS, but he still had to do his part. He did note our tv set, having seen it through the door, and then added “dining room set” and appliances, which he just assumed were there, and that we own. (we rent and the appliances are not ours.) He scheduled a sheriff’s sale for next Sunday, April 29. On Monday I called the CA and asked about the constable. The CA mgr said he had no idea why the constable came out- he insists he told him not to. I spoke to him again on Wednesday, April 18 and he said they would accept $1700 plus court costs, for a total of just over $1900. I accepted. He said he’d send me an agreement via priority mail. He said they’d have 3 days (before the sale date) to cancel the sheriff’s sale, and asked if I thought I could get a payment in by April 25. He said that upon receipt of our payment he’d cancel the sale. As of today, April 21, I have not received the agreement. I am beginning to worry that he either won’t send it, or won’t send it in time for me to review the wording and revise if necessary. (I insisted that I wanted it to read that the debt was settled/paid in full and the balance could not be transferred or sold to anyone else. He agreed.) Do I have any legal recourse to stop the order of execution or any of the legal action? I’m very concerned that the closer we get to the date of the sale, we are running out of any kind of legal protection. I’m also worried that we could pay this settlement amount and still have the constable show up on the 29th to take our belongings. I’m not 100% convinced that they intend to cancel the sale if the settlement is less than the judgment award. Is there anything at all that we can do??? I'm tempted to call the constable and ask him what our options are. Is that a bad idea?Note- It is entirely possible that the contract will arrive on Monday via priority mail, and we *could* go out to the CA's office in person if necessary to get this settled. I'm just really concerned that it hasn't arrived yet- priority mail *should* have gotten it here by now. Link to comment Share on other sites More sharing options...
MadinKS Posted April 21, 2007 Report Share Posted April 21, 2007 Priority mail is 2-3 days. It should be there today or Monday. I'd call a lawyer. It sounds like you may have let the situation get out of control. Call a lawyer on Monday. That's my suggestion. Sorry that you are in such a pickle. It sucks to hear. Best of luck to you and your family. Link to comment Share on other sites More sharing options...
cjtx Posted April 21, 2007 Report Share Posted April 21, 2007 "The check's in the mail"......Have the CA fax you a copy of the contract. Link to comment Share on other sites More sharing options...
sharizap Posted April 21, 2007 Author Report Share Posted April 21, 2007 Have the CA fax you a copy of the contract.That's an awesome idea! Thanks!! Link to comment Share on other sites More sharing options...
sharizap Posted April 21, 2007 Author Report Share Posted April 21, 2007 Priority mail is 2-3 days. It should be there today or Monday. I'd call a lawyer. It sounds like you may have let the situation get out of control. Call a lawyer on Monday. That's my suggestion. Sorry that you are in such a pickle. It sucks to hear. Best of luck to you and your family.Worst case scenario, as my dh mentioned, is we pay the full judgement amount if they come here for the sheriff's sale. I'd rather NOT pay twice as much as they said they'd settle for, if I can avoid it. Do you think calling the constable is a bad idea? Link to comment Share on other sites More sharing options...
cjtx Posted April 21, 2007 Report Share Posted April 21, 2007 I would get a copy of the contract, a money order (keep copies for your records) and a prepaid priority or express mail envelope and take it to the sheriff to show the matter is settled and the judgment execution is therefore cancelled. Link to comment Share on other sites More sharing options...
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