smalt Posted September 9, 2008 Report Share Posted September 9, 2008 Being sued by slime atty for OC for $13k. They sent an offer letter for me to pay monthly, with the grand total 18K! Along with that they include a court doc for me to sign saying it is agreed that judgment may be entered for the Plaintiff. Is this normal? I plan to counter offer with a payment plan but shouldn't I also make them agree to dismissing the suit without prejudice, so they can sue me again if I fail to complete the payments? Link to comment Share on other sites More sharing options...
swirlgirl Posted September 9, 2008 Report Share Posted September 9, 2008 You want dismissal WITH prejudice. That will prevent them from filing another suit. Send your counter off and don't sign the judgment. Link to comment Share on other sites More sharing options...
smalt Posted September 9, 2008 Author Report Share Posted September 9, 2008 Ideally I agree..but if I'm making a payment plan do you think they would go for that? Link to comment Share on other sites More sharing options...
jq26 Posted September 9, 2008 Report Share Posted September 9, 2008 All depends on the strength of their case. If its lock tight, then probably not. If its 50/50 they'll be successful, then maybe they'll take 50%. The fact that you'll even show up to court is more than most people. Link to comment Share on other sites More sharing options...
admin Posted September 10, 2008 Report Share Posted September 10, 2008 Payment plans will do you no good. You can pay forever and never pay donw the debt. I'd fight the court battle. They probably can be easily beaten poke around a little more in here to find out the info you need. Link to comment Share on other sites More sharing options...
Methuss Posted September 10, 2008 Report Share Posted September 10, 2008 A confession of judgment would give them the power to garnish wages and accounts with impunity regardless of any other payment arrangement you may have made. Not only that, but it would be a confession for $18k, not $13k...more than you originally owed. Don't sign it.It is highly unlikely that court costs and any statutory interest they could levy on a judgment would total up to $5,000 over the course of any payment plan. So it is clear they are trying to rip you off. The statutory rate on judgments is 10% annually on the unpaid balance in MA. Looks like they are trying to get you to confess to much more. Link to comment Share on other sites More sharing options...
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