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Arrangement...consent??


giver
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Cap One debt in collection. Called CA and we made a payment arrangement; After we make the arrangement, she asks me if I have been served yet. What's that, I say. She says she will send a letter showing our arrangement, and I don't have to go to court.now they sent a consent for judgement that i will not sign. court date is in 3 weeks, but i haven't been served. No one has come by, but I will avoid if I need to so I can buy time. What can I do or what should i do? Since we talked on the phone and have a payment arrangement, I would think that they recorded and is admission of debt. Can I do a stipulation in lieu of judgement, and ignore receiving the consent form? Help! Thanks!

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Check your court website and see if there is a case really opened against you. If there is not a case, then do not sign the stipulation of judgment. Simply send the payments as agreed.

Don't avoid service because then you get into other issues which could cause you problems down the road. If you are served then file a proper answer and then bring up the settlement issue.

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Yes there is an open case with a court date. I am not trying to avoid paying something I know I owe. My problem is with this whole "consent to judgement" thing. I know they want the whole applecart, but I don't really want a judgement against me. Seems to me like they pulled a swift one, because after we made the arrangement, I was made aware of the "consent" form being sent to me, and "I would not have to show up to court". Of course they don't want me to show because- they win....if I sign the consent-they win. You would think my paying the bill would be enough of a victory! But no, they want to have more power. So, is there some way to word an agreement so that it can be dismissed with prejudice? Will I still have to go to court? If I do, can I tell the judge that I don't know why I'm here because we have a payment arrangement, and the CA is trying to take advantage of me (or will the fact that I am paying/have a verbal agreement be enough for the judge to say "judgement for the plaintiff")?

Otherwise, I will probably need y'all to help me step by step. I think that is why most of us roll over and play dead, because we don't understand the legalese, and it is confusing.

Thank you all for weighing in!!

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Many people agree to pay rather than fight and it does not need to be an admission. Send a letter back to them that you have a payment arangement that you entered into to avoid litigation and it was not an admission. If they want to maintain said payment arangements they must dismiss. Otherwise you will stop paying and answer the suit and fight to the very end. You could include the answer you will be filing denying their claim.

You could make the arguement that they misrepresented the legal status by not disclosing the pending suit, which would be an FDCPA violation and counter claim against them to get them to reduce the amount you have to pay them. You are not likely to get a with prejudice since they would have no recourse if you did not pay off the debt.

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That's a tough spot Giver. Right now, they have the leverage of the court case looming. The only way you will avoid a consent judgement will be to push back and fight the lawsuit. There are options to fight some of which by board rules, I am not allowed to discuss here, but there is a section that speaks about called "Arbitration".

Since the court case is open, I doubt they will dismiss the case without a judgement of some type unless you are able to make a lump payment. Then the settlement stipulation would be appropriate. Or if you can poke holes in the evidence that they have and put up a fight, you may be able to negotiate a settlement.

Good luck and keep us informed and keep asking questions.

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Guest usctrojanalum

don't sign the consent judgment, those are the worst. Here its pretty standard to enter into the payment arrangement and if the defendant defaults on that payment arrangement then a judgment is entered for the remaning balance. We call it a stipulation of settlement.

They have absolutely no reason to dissmiss the case, and they will not do that in exchange for your promise to pay. They lose every single bit of leverage they have if they do that.

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I hope I am learning, and I think I can make some conclusions: So, from what I have read on other posts, it appears that there are a few roads to take:

*if you feel you are morally obligated to pay the debt, you can:

- make a payment arrangement

-either have a judgement thrust upon you or agree to one and be forced to pay

-try and get a settlement stipulation

*if you don't feel you are morally obligated, or the debt is not yours (or a combination with some denial thrown in)

-you can fight and try to out-wit the competition;

In which case it would appear that 80% of the time, it depends on who is more researched, more prepared and has the strongest stomach.

So, (I know I sound like I am having a hard time making a decision...I am) since I have talked to these people on the phone:

-is talking to them used against me?

-is a payment arrangement used against me?

-can I still fight.....what is first? debt validation? or what....do I wait for the summons and just respond?

Last question (yes, your probably saying "sure, last one for now!"): If any one ends up with a judgement against them, as long as you pay, they can't do anything (garnish, lien, seize, etc) to you OR... can they?

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-is talking to them used against me?

In most all instances it is not, after all you called them to find out what all this was about.

-is a payment arrangement used against me?

Many, many people make a settlement to avoid litigation, it is not an admission.

-can I still fight.....what is first? debt validation? or what....do I wait for the summons and just respond?

Since you have not been served, fire off a DV and it can complicate the process they must follow. It will stall what they can do in court or cause them to violate the FDCPA which gives you another chance to reduce your liability.

Last question (yes, your probably saying "sure, last one for now!"): If any one ends up with a judgement against them, as long as you pay, they can't do anything (garnish, lien, seize, etc) to you OR... can they?

They can, yet most often if you are paying they are unlikely to go to the expense of Garnishment, and there are ways to stall that as well.

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