time sensitive

[COnative]

Hi everyone--

A few weeks ago, I was served with papers with a deadline to answer by March 15th (this coming Tuesday). I posted my situation on the forums previously.

It took me forever to get through to Legal Aid, but I finally was able to get talk to someone on Wednesday. They said they really couldn't help me with representation. I had received a letter from the law office that brought suit, saying they would be willing to settle with me. Legal Aid suggested I try to settle with them before March 15th (my deadline for answering). I wanted to stay out of court and just have this whole ordeal be over with. Fighting the whole thing just wasn't worth the mental anguish. So, I called the law office and made arrangements with them.

I'm not entirely happy with the arrangements, but I can manage it. The woman I spoke with was very nice. She told me to submit the paperwork to them by the 20th and that they would handle the rest with the courts. My agreement hinges on my making payments on time. It says they will not pursue enforcement of a judgment unless I default. It's all pretty straightforward. I got the paperwork from them last Thursday and mailed it back to them with the first payment. In the agreement, I had to provide information about my bank account--among other things.

I sent it back to them certified mail with return service and requested a receipt be mailed to me every month. I know they've received the signed agreement because the check was cashed on Friday, and I have proof from USPS that it was delivered to their office.

Here's my dilemma...I never actually answered the summons I originally received. My plan was to go to the clerk's office the day prior (today) and submit the answer then because I needed to request a waiver for the required fee. I am worried that, if I don't submit an answer by that date, I'll get some sort of default judgment and will end up paying this debt twice.

When I made the arrangements with the law office, they said I shouldn't file the answer now because that would make it look like I was disputing the agreement and would make the payment arrangement null/void. I called the court clerk's office, and they said I should just check with the lawyer I made arrangements with to see if I should show up on Tuesday.

The lawyer, as far as I can tell, doesn't have any complaints with the Attorney General's office or with the BBB--although I believe they didn't follow Fair Debt practices because I never received anything till I was served. That could have been because I moved, though. Still, I don't necessarily trust them to do the right thing.

My worry is that they'd get some sort of judgment because I didn't answer--and then could attach my bank account--which they already have information about. I am on unemployment & am living off savings...which isn't much, but their attaching it at all would mean I couldn't pay rent in two weeks. My roommate's money for rent/expenses is also in that account--although his name isn't on it.

Should I show up at court tomorrow or Tuesday just in case and see if I need to file an answer? If I did, my answer would just say I've worked out arrangements with them. Or should I just trust that the lawyer isn't going to try to be shady? Anyone have any experience with this sort of thing?

Thanks!

Alma

[lheart]

I would definitely file an answer if you can. The problem is if you are quoting them correctly, they said, "they will not pursue enforcement of a judgment unless I default", which tells me they plan to get a judgement against you. They are only saying they will not enforce it if you do not pay, not that they will not pursue a judgement against you.

If you can get the fee waiver for the answer, file the answer denying everything and if they try to use the settlement as evidence against you, say you were coerced into agreement.

[antiquedave]

I'm suspicious, with the judgment they can add attorney fees to the total and garnish your wages etc. would a stipulated judgment or making the same offer that you agreed upon in response to the summons not be better?

I'd want to take the agreement and that into the court for the hearing, maybe they would dismiss as to mootness and that way you can avoid the judgment showing up on your credit report for the next 7 years

[MrPunch]

Here is the thing... If you don't file the answer, then they automatically get a "default Judgment" against you and they don't really need your "partial payment agreement" at that point, because they will have a judgment for you to pay the FULL AMOUNT plus other fees and interest.... If they haven't DISMISSED the case by now, that means no agreement has been rendered on their behalf even though you have proof that it has. You can and should file an answer where you AGREE to pay a certain amount to them as you have "agreed" in their offer out of court. Show the judge your "agreement" and there is no way this would make it look like a dispute of some sort - because they haven't canceled the dispute on their part and because you are not denying anything you have not agreed to already. And the judge will have nothing left to do but grant the agreement you have made with them and issue a judgment based on that agreement, but give yourself a favor, don't take an advice from your ENEMY who's just trying to screw you over yet once again! And, guess what, if they don't dismiss the case before the court date, then you will still have to go and argue your case, but I wouldn't pay them a damn thing intil they agree to dismiss it first. Do the smart thing this time and file the answer before it's too late. You will still have plenty of time to "settle" this out of court before the court date, just don't make any payments until you have their signature where they agree to your terms.

[MrPunch]

I would definitely file an answer if you can. The problem is if you are quoting them correctly, they said, "they will not pursue enforcement of a judgment unless I default", which tells me they plan to get a judgement against you. They are only saying they will not enforce it if you do not pay, not that they will not pursue a judgement against you.

If you can get the fee waiver for the answer, file the answer denying everything and if they try to use the settlement as evidence against you, say you were coerced into agreement.

Well, the OP (he/she, I'll stick with a "he") can't really deny anything at this point, because he already made a payment to them and signed an agreement with them. But he should file an answer where he would agree to the settlement he's made.

[tempteroffate]

Half the battle with these guys is just showing up. Like MrPunch says, why would you take advise from your enemy?

Definitely show up. Definitely file an answer (as you qualified for legal aid you can probably qualify for the fee waiver). In your answer submit the terms of your agreement with the lawyers. This prevents them from getting any additional fees or interest (such as filing fees or interest on the judgment).

The judge may either accept the agreement without question and the case will be closed in finding for the plaintiff, or the judge will set a new hearing date. Either way, if you're comfortable with the agreement, continue paying as agreed, but never not show up.

[MrPunch]

How did it go?