xavi72

Stipulation for Entry of Judgement Pending Performance??

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So I ordered my most recent credit report and nothing pops out as far as any unknown information. However, I did notice that a collection agency that I dealt with in 2004 did a search into my credit history.

I recall that this was from an old car lease contract that I signed back in 2002 and in July of 2004, this collection agency sent me this Stipulation for entry of judgement pending performance as they laid out a payment plan in the stipulation. Its been so long I don't remember how I replied but I never made payment but the person who I signed for made a lump sum payment way less than what was owed.

In the last month or so (8 years later after the stipulation), I've had the same collection company call and leave some messages to call them back. I have not contacted them but I'm now worried about the possibility of this stipulation for entry becoming an actual judgment. At this time, what recourse do I have against them at this time. I wish I knew then what I have learned in the past year in this forum but I hope this situation is still salvageable.

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It already is a judgment, just a different form. You agreed to make payments, you did not. Now they can enforce this the same way any judgment would be enforced. Maybe the person you signed for should fix this. I wouldn't be signing any more judgment stips for them, either.

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It already is a judgment, just a different form. You agreed to make payments, you did not. Now they can enforce this the same way any judgment would be enforced. Maybe the person you signed for should fix this. I wouldn't be signing any more judgment stips for them, either.[/QUOT/]

I remember they did not serve me with a summons to defend myself in court. In looking at the case number, there's no information about this case showing up that this had gone through the court system. Would this be just a trick from this collection agency?

Edited by xavi72

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So in order for this to become a judgement, will I be notified so that I can take some sort of action?

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A stipulation of judgment essentially means you agreed to the judgment already - they don't have to sue you. Are you sure that's what you signed?

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I have a hunch based on this being 8 years old. There were a few CA/JDBs that were using these Stipulation Judgement forms and not filing. The statements they were making was if you sign this and make payments we will not sue you. This lasted long enough for someone on another board to sue them big time with a class action as it simulates legal process and there is no legal process involved.

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I have a hunch based on this being 8 years old. There were a few CA/JDBs that were using these Stipulation Judgement forms and not filing. The statements they were making was if you sign this and make payments we will not sue you. This lasted long enough for someone on another board to sue them big time with a class action as it simulates legal process and there is no legal process involved.

Since I haven't paid on this for a long time, I'm wondering if this is true in this case. If it was a legit stipulation, I think it would of gone into default a long time ago but then again I'm not 100% sure. The court case number does not show up in any of the searches I've done so far either.

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A stipulation of judgment essentially means you agreed to the judgment already - they don't have to sue you. Are you sure that's what you signed?

Its been so long that I don't remember signing anything but the paperwork that I did keep was the only thing I received by a process server and it indeed states that it is a stipulation of judgment on pleaded paper.

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The way the scam (and that was truly what it was) is they would get you to sign the stip by using the threat they would sue you otherwise. Many people did sign them. Then if you failed to make payments they would file and immediately file the stip to get the judgement. They stopped using them because it was such a clear cut violation. They may be attempting to revive it since the 1 year SOL on FDCPA is past. However, my contention would be that the attempt to use such a document in court would be yet another violation as they are using improperly gotten stip to circumvent your rights as a consumer.

NOTE: this is all speculation based on a case I read long ago on a different board and may not be the case at all. You really need to determine if there ever was an actual case filed in the past.

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The way the scam (and that was truly what it was) is they would get you to sign the stip by using the threat they would sue you otherwise. Many people did sign them. Then if you failed to make payments they would file and immediately file the stip to get the judgement. They stopped using them because it was such a clear cut violation. They may be attempting to revive it since the 1 year SOL on FDCPA is past. However, my contention would be that the attempt to use such a document in court would be yet another violation as they are using improperly gotten stip to circumvent your rights as a consumer.

NOTE: this is all speculation based on a case I read long ago on a different board and may not be the case at all. You really need to determine if there ever was an actual case filed in the past.

I already checked the Court's online system but could not find anything on their database. I'm not sure how long that information will remain their since it was dated in 2004. Is there another way to check to see if the collection company actually filed this document with the court or if it is even a valid court case number?

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If it is a judgment, you can check online under your name in the county you lived in at the time it was filed. It will be in the public records section. It might be under the Clerk of Courts area of the public records section, that is where it is in my county.

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