DefendantNewb

Trying Again :) Filing Answer Tomorrow!

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I have some questions pertaining to my case, if anyone would like to throw in their two cents. Upon executing an unsuccessful search, I've determined they're somewhat legit for a fresh post!

This first question is awful, but I'm confused as to how you can you tell which court the Plaintiff has filed suit in. On my summons it states 'Judicial District' 'Judicial Circuit' and 'County Probate' in the top left hand corner. The case number has a reference to a 'GC1.' The judgement request did not exceed $3,000.00, which is the limit for small claims, however with the attorney fees etc. they've asked for I'm sure it exceeds that mark. If I call the clerk's office will they be able to relay that information to me over the phone?

On a more serious note, pertaining to consent judgements, I'm wondering if I should request one; and if so, how would one go about doing that without throwing oneself into the fire? lol I'd just assume enter into a monthly installment agreement and pay the entire amount they've requested, (providing that the debt is valid) however I'm aware that agreeing to a consent judgement doesn't automatically grant you an installment agreement that you can afford- but conversely, can lead to bank levies and a refusal on the part of the Plaintiff to enter into any such agreement if they win anyway. If I file a request for a consent judgement with the Courts, stating a monthly amount I can afford, would this work or is it laughable? I'm sure every case is unique. If the consent judgement idea's out at this point until further into litigation, I will file my Answer, Affidavit, and Discovery tomorrow. I'm nervous! Wish me luck :lol:

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First, a consent judgement is a judgement. It is done with the plaintiff, not the court. You may be able to negotiate terms in a consent judgement, but there are no guarantees.

Call the court and ask which court it is in.

Whether you fight or consent is a personal choice, but if you want a chance at fighting, do not admit anything when talking to the plaintiffs or their lawyers. You can settle the debt (with the consent judgement) without ever admitting the debt.

I personally would never accept a consent judgement, but I like to fight and I've taken the time to learn the rules of court and how the game is played.

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You can always make a settlement agreement without a consent judgement. Although most debt collection attorneys will push for you to sign one. It can make a bad situation even worse. The court will not set a payment schedule, except in one or two states where it is allowed.

You do not say if this is an OC, CA or JDB. Most of the CAs will agree to a lower settlement when you start to fight them. Most JDBs will drop the case when you begin fighting.

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It's a well known junk debt buyer, and they've hired an attorney in my area that seems to handle these types of cases on the regular- ie they don't advertise as a lawfirm available to the public, so I'm assuming they just feed off of these debts.

I don't trust them enough to enter into a consent judgement. If I contact the attorney now, they'll just use it against me. If I agree to enter into an installment agreement, they'll get the judgement anyway. At this point I think the best course of action is to file my Answer and wait and see. Would it be wise to file discovery with my Answer? It could backfire if they are able to obtain the contract or the transactions. I'll just end up with insane court fees tacked on in the end.

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I have until Tuesday to file, but I'm going in there Monday. Yes I've waited a while, I needed to do some research and round up some cash. As of now I have enough to pay half of what they've requested, so that might be beneficial if after I file they send me a settlement letter.

By the way thank you for your responses, I really appreciate them

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