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Consent Judgement - Can I appeal it?


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I have a question that I don't see mention often here on the board.

I am currently fighting Midland in small claims but before I found this board,

my wife signed a consent judgement with an attorney for a different case that was filed with the court.

what I am wondering is simply - does anyone know if a Consent Judgement be contested or appealed?

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does anyone know if a Consent Judgement be contested or appealed?

Pretty much no, unless you show fraud. It's like a guilty plea in criminal court being set aside, it happens, but there better be a very compelling reason, other than I had buyers remorse.

Edited by Coltfan1972
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this was for a different account, but the same creditor (Midland) and a different attorney (Hanna). she's been paying on it for over a year and now that I am doing research, I have come to find that they pretty much had the same usual info Midland sends out.

No proof of account ownership etc...

on another thought - if I am able to pay off this account -do you think it would be feasible to counter sue for the money back on the basis that they did not have title?

Its getting harder and harder to make the bills and I am really considering Bankruptcy hard now. If we lose this case in small claims that may just be enough to say heck with it all, but its sad when you can't even afford to file the paperwork.

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If you can't afford to file paperwork you may be eligible or fee waivers. Check with your court

I would say that if your wife signed some sort of agreement with that other creditor that she would pay so much a month and if the agreement said that if she defaulted that they would get their judgement that you can doing nothing about that now. That was a contract she agreed to and signed.

You always have the option of bankruptcy tho if you want to stop paying on them all. Sometimes it is nice to get a clean start and not have any bills.

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on another thought - if I am able to pay off this account -do you think it would be feasible to counter sue for the money back on the basis that they did not have title?

I understand you made a bad deal and you learned after the agreement how bad dealing with a JDB is and how they pretty much have no evidence when they sue. It's part of the game, fear and intimidation. It's like taking a plea bargin in a criminal case only to find out you probably would have won or now don't like the fact you are on probation and don't have as much freedom you thought you would.

This will sound harsh but this will be nothing compared to what you would hear in court. That's not fraud, that is lack of due diligence on your part, lack of taking the time to educate yourself on what you were agreeing with and not seeking legal advice.

Courts set aside agreements, it happens, however, your reasons stated so far do not even get the judge out of his chambers to even take the bench to hear your arguments.

The only way you are getting out of this is if you find a legal loophole, like was posted about an atty signing off on the judgement. You're going to need and find something procedural, not that you have buyers remorse.

It's just not there. "Consent" covers bad deals. You consented to screwing yourself over and dealing with scum like Midland. You got taken, but from what you posted no fraud. Use it to never let it happen again and move on.

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+1000 regarding the above.

The whole reason debt collectors use consent judgments is to avoid a trial or having to provide any proof at all. A consent judgment literally means you (or whoever signs it) agrees to the debt and the repayment plan therein. Is it fair - no. Consent judgments are not meant to be fair. They are designed to collect the most money from you with the least amount of work or proof. So the lesson here is, don't sign one even if you think you owe the debt.

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there are ways but you gotta do the legwork.

you have to go to the law library and look up the statute that deals with consent judgments, judgments, agreements, stipulations, etc. before you do that you need to read the actual agreement that you signed too and see what it waives, if any.

my father signed a settlement stipulation while back. i went to the law library and read my a#$ off. wrote a motion to vacate the stipulation. the motion has been in limbo, but midland has stopped contacting him about the stipulation. also wrote to midland and asked for proof of ownership of the debt. theyve been silent.

my state is different from yours, and i like to fight. so i wouldnt suggest you even attempt to do anything unless you're ready, willing, and able to put in the effort because like others have said it wont be easy. but its not impossible.

you can start with fraud as a possible basis if it applies. fraud usually overturns or vacates

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Because the agreement of the parties waives exception to irregularities in the proceedings occurring prior to the time of agreement, appeal from a consent judgment is limited to attack for mistake, fraud, or lack of jurisdiction.

Since a consent judgment is contractual in nature, it should be construed as a written contract

If they contract is not too lengthy post it here and we can see if we can legally find any loopholes in it.

These types of agreements are by law and the court called stipulated judgments. There are ways to appeal them and some Supreme courts have entertained these types of contracts.

A motion for reconsideration carries significant statutory limitations. Writ review is available, but the chances of success are slim. There is always appellate review following a final judgment, but that involves added expense and delay.

Another course of action stipulating or consenting to an adverse judgment to expedite appellate review — can be more cost-effective and timely, but has been of somewhat questionable propriety. In Norgart v. Upjohn Co., 21 Cal. 4th 383 (1999), however, the California Supreme Court endorsed the principle of appellate review of final judgments entered pursuant to the parties’ stipulation or consent. The decision makes this alternative worthy of close consideration.

Edited by BTO429
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I took a quick look, Georgia law does not seem to be like other states like California where these things require an attorney. In my opinion, the best way to contest a consent agreement is stop making payments. Send them a letter and pick the thing apart, it's unfair, etc. Make the take you back to court. That should make their day.

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I took a quick look, Georgia law does not seem to be like other states like California where these things require an attorney. In my opinion, the best way to contest a consent agreement is stop making payments. Send them a letter and pick the thing apart, it's unfair, etc. Make the take you back to court. That should make their day.

Stop making payments? It depends upon what was stated in the consent judgment. It's possible if the OP stops making payments, the creditor could start garnishment proceedings or take other legal action.

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Stop making payments? It depends upon what was stated in the consent judgment. It's possible if the OP stops making payments, the creditor could start garnishment proceedings or take other legal action.

Even worse, could stopping payments be construed as contempt of court, with the prospect of incarceration?

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They say knowledge is expensive and yep it certainly is. Live and Learn. I almost have this paid off but dang if it doesn't hurt. I know now and I'm focusing on the up and coming. I'll be so happy to have my life back and not have to worry about yesterday.

Congratulations! I think that is the best way to handle a mistake....I don't know how much the consent judgement is, but it is a valuable lesson. One you will never forget. Most of us on this board have been there and done that and that's why we are here now. So we don't make those same mistakes again. And, hopefully learn enough to get the CA's on violations if it ever happens again...xangelx

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  • 3 weeks later...

I agree with the postings above about consent judgments being commonplace by debt collectors upon settling a debt prior to trial. You are basically saying "Sure, you can have a judgment against me. I promise I'll pay you on the terms we agreed and if I don't you can use that judgment to take my money"

Once you signed that consent judgment, you'd better make good on those terms because if you stop paying they can easily use that consent judgment to freeze your bank account, garnish wages, etc. Whatever you do, dont stop paying in accordance with the terms of the agreement of consent judgment with out consulting an attorney first.

I do recall one situation where a debtor told me had signed a consent judgment with Fred Hanna's office on a third party junk debt case. She agreed to pay $75 month for x amount of months. She was short one month and couldnt make the payment. Next thing she knew her bank account was frozen and the funds garnished.

I know you said you're dealing with two different cases and regardless if they are the same debt buyer or debt collection law firm, the two cases don't have anything to do with each other. So if you've already signed the consent judgment in one, it doesnt mean you have to in the other.

Im glad you've since learned about junk debt buyer's flimsy evidence but I think you're kinda stuck with that consent judgment. I'd consult an attorney first however before coming to that conclusion on your own.

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