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Is this a normal action from a plaintiff's attorney??


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Last week my husband got served a summons for a credit card (we got it on Thursday). Thank you to everyones help as I had him go to the court today with the answer as well as the statement of denial and the notice that he will be representing himself.

In todays mail we receive an "Agreement to Judgement" from the lawfirm. They obviously haven't received our response to the summons as we filed and mailed it today CMRRR, but is this a normal second move for a law firm?

Do we have to respond to this or can we wait for their receipt to the response of the summons?

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I would bet you received a "voluntary" judgment agreement. I have received the same types of tricky documents in the past too.

If you read it closely, it probably says something to the effect that this will save you time and trouble, etc. They are hoping you will roll over and do nothing, and they obviously want to do as little work as possible. They more than likely are testing you to see if they can scare you into signing an agreement with them.

Did they also attach some sort of voluntary asset schedule for your husband to fill out? This seems to be a new game the law firms are playing. To the unexperienced consumer, it might appear that you have no possible chance in fighting the case that you just got served on, so they hope you will just sign the agreement and then bam....game over.

Just remember that they cannot just magically obtain a judgment without giving you your day in court. I'll bet its safe to say that you can ignore their lame attempt at trickery and not respond to it, but I would keep a close eye on the case with the Court (check for filings on your case once a week), as they may be deceptive enough to "forget" to mail your copies of important notices, hearing dates, motions, etc.

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That is exactly what I received. Last week I reveived a voluntary asset schedule "per my request" which I did not request like you mentioned. This voluntary judgement agreement was also per my request. Um-hmm. It is funny that the lawyer signed these documents but never signed the ones that went to court.

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I know for sure its actionable under my state law.

Check your state law. In WI, its prohibited to solicit a consumer to "confess judgment" on a consumer debt.

This is precisely what they are trying to do.

This is the nature of the litigation beast. They push paper so they don't have to do any more work than neccessary on the case.

For sure, at the very least, ignore these cheap tricks. Consider suing them!

I got a similar situation where I forced arbitration, judge ordered it, other side is livid, debt lawyer scumbag keeps sending me letters that if I don't initiate the arbitration they threaten to pursue litigation. Three problems for them with that threat: 1.) Once judge orders arbitration, there is no going back to litigation under state case law. 2.) Court "authorized" Plaintiff to initiate arbitration 3.) Credit card abitration is unconscienable in this state. (from the point of dragging a poor, uneducated consumer like myself through it.)

We've traded some spitirted letters. Now this lawyer sent me a whole mess of discovery in the spirit of continuing her litigation. All matters in the litigation were "stayed" in this case. If I answer her discovery I could possibly "waive" my right to arbitrate. Debt scumbag is trying to get me to help her get out of the crapbox I put her in. I'm not about to help with that. In fact, I'm about to sue her for violating the court stay order and debt collection violations.

The point is: Keep up the pressure, they want you to admit everything to make their pathetic job easier.

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