sjohnson11 Posted March 26, 2012 Report Share Posted March 26, 2012 Does a stipulated judgement go on credit report.....I have seen a lot that says no and some that say yes? Link to comment Share on other sites More sharing options...
ioalot Posted March 26, 2012 Report Share Posted March 26, 2012 Isnt a stip judgemant only enforced if you default on a settlement?My wife had to sign one when we settled a 37k amex account that said if we didnt fufill the settlement, we would be screwed and not be able to fight it.That being said, we delivered the settlement check with the stip. Link to comment Share on other sites More sharing options...
options Posted March 27, 2012 Report Share Posted March 27, 2012 The settlement agreement should say that upon satisfaction of the judgment, the parties will file a joint motion to vacate. Link to comment Share on other sites More sharing options...
Denita Posted March 27, 2012 Report Share Posted March 27, 2012 (edited) A stipulated judgement means you are agreeing to the judgement upfront without any sort of proof that the "creditor" owns the debt or has the authority to collect the debt. In some cases the creditor will file the judgement the moment you sign it. In other cases they will honor the stipulations stated and wait for you to default on a payment. A default is one day late. Another term for stipulated judgement is "agreed judgement". IMO, if you can settle without signing a stipulated or agreed judgement, you are in much better position as the debtor. There is nothing to stop the judgement creditor from filing immediately upon you signing for the stipulated judgement and nothing to force the creditor to remove the judgement. Even if you pay it, you end up with a Satisfaction of Judgement. The judgement is there in the public records forever (20 yrs in many states).If you are going to send the money in "with" the stipulated judgement - then why don't you use a NDA (Non-Disclosure agreement) instead? This way they have the funds in accordance with the agreement. There is no judgement. If they report you or your settlement then you can prevail against them in another court action. You would need to find a good NDA to use and may even want an attorney to help you with it. Edited March 27, 2012 by Denita Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 27, 2012 Report Share Posted March 27, 2012 It depends, the term stipulated judgment is thrown around loosely in different jurisdictions can mean totally different things depending where you are.A stipulated judgment where i'm from means that a judgment is entered against the defendant, and they agree to make payments on the judgment amount. That would be on the credit report.I have seen in other jurisdictions where a stipulated judgment is like what ioalot describes. Where the parties agree to settle the account (usually monthly payments, or a lump sum in a future date) and as long as the payment terms are met, the lawsuit is discontinued and there is no judgment. However, if the defendant defaults on the settlement agreement - the plaintiff is entitled to enter judgment based on the failure of the defendant to abide by the terms of the settlement. That would not be on the credit report so long as the settlement terms are not in default. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 27, 2012 Author Report Share Posted March 27, 2012 Seems like the term stipulated judgement means different things in different parts of the countrtyWhat about asking for a stipulation of dismissal without prejudice...settlement. Is that something they would consider? Link to comment Share on other sites More sharing options...
Denita Posted March 27, 2012 Report Share Posted March 27, 2012 IMO you want to take care of the whole problem at once. What I mean by that is - if you are going to settle the debt, why have a judgement to begin with if you are paying it? There are only two ways to get rid of a judgement (if you have one) 1) vacate it or 2) file a Satisfaction of Judgement. If you are paying the debt before the judgement is issued, why take the chance the Satisfaction won't be recorded properly or on time by the judgement creditor? If you can not have the judgement by having a dismissal or other method, then so much the better for you. It seems to me that if the creditor is receiving payment before the judgement - that getting the stipulated judgement does nothing but hurt your credit. Even if it shows paid (Satisfied) immediately thereafter. Remember it is on the public records forever. If you have settled the debt, why get punished with a judgement? Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 27, 2012 Author Report Share Posted March 27, 2012 IMO you want to take care of the whole problem at once. What I mean by that is - if you are going to settle the debt, why have a judgement to begin with if you are paying it? There are only two ways to get rid of a judgement (if you have one) 1) vacate it or 2) file a Satisfaction of Judgement. If you are paying the debt before the judgement is issued, why take the chance the Satisfaction won't be recorded properly or on time by the judgement creditor? If you can not have the judgement by having a dismissal or other method, then so much the better for you. It seems to me that if the creditor is receiving payment before the judgement - that getting the stipulated judgement does nothing but hurt your credit. Even if it shows paid (Satisfied) immediately thereafter. Remember it is on the public records forever. If you have settled the debt, why get punished with a judgement?Thanks....I would like to settle and make payments that would be done over a 4 month peroid. Right now there is a pre trial hearing scheduled in a few weeks. At this point would they only settle with a stipulated judgement ?? How do I approach settlement with them? Thanks Link to comment Share on other sites More sharing options...
Denita Posted March 27, 2012 Report Share Posted March 27, 2012 Did they provide a copy of the stipulated judgement they want you to sign?Is this a JDB or is the the OC that is collecting? Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 27, 2012 Author Report Share Posted March 27, 2012 They have not brought up stipulated judgement yet...it is a jdb...they had sent a lettersaying to call if I wanted to settle. Link to comment Share on other sites More sharing options...
Denita Posted March 27, 2012 Report Share Posted March 27, 2012 Have you responded to the suit yet?There are quite a few success stories in the Is there a Lawyer in the House section of this forum. Have you checked it out yet? Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 28, 2012 Author Report Share Posted March 28, 2012 Have you responded to the suit yet?There are quite a few success stories in the Is there a Lawyer in the House section of this forum. Have you checked it out yet?I wish I saw this board a long time ago. I did respond but made a bunch of mistakes and have no choice but to settle...the lawyer in the house section feels the same at this point. Link to comment Share on other sites More sharing options...
BV80 Posted March 28, 2012 Report Share Posted March 28, 2012 They have not brought up stipulated judgement yet...it is a jdb...they had sent a lettersaying to call if I wanted to settle.I thought this was your Amex case? Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 28, 2012 Author Report Share Posted March 28, 2012 I thought this was your Amex case?this is an old case from cap one when I had no clue about anything. I denied the original complaint with no relevant affirmative defenses and then neither of us did discovery. There is a pre trial hearing coming up and i dont know what else to do at this point but settle. I just want to settle without any possible judgements enetereed. The JDB is Howard Lee Schiff. If I had done things correctly they may have backed off given their reputation. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 28, 2012 Report Share Posted March 28, 2012 Howard Lee Schiff is not a JDB. I think you might be getting your terminology confused. Link to comment Share on other sites More sharing options...
BV80 Posted March 28, 2012 Report Share Posted March 28, 2012 Schiff is an attorney. Who's named as the Plaintiff on the Complaint?If Cap1 is the Plaintiff, check their entry on your credit report. If it doesn't say "sold" or "transferred", they still own the account. Link to comment Share on other sites More sharing options...
Recommended Posts