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Spacecadet50

Judgement On Credit Report

34 posts in this topic

On 10/8/2018 at 8:12 AM, fisthardcheese said:

I'm asking what you signed.  What did the settlement agreement say?

Just a form that was written up in hallway with attorney's - agreement terms. It was blank, but we filled it out while discussing terms. I have the papers, but need to pull them out. Stated that I'd pay $3600 (approximate) by specific date. That I'd pay the next months rent on the 1st (which I did). If I didn't pay by date agreed (1/1/12), judgement would be entered for all monies due. 

One other question - if this was in 1/12, how long would it stay on my record? Isn't it due to come off? Does that apply with rental companies?

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9 hours ago, Spacecadet50 said:

Just a form that was written up in hallway with attorney's - agreement terms. It was blank, but we filled it out while discussing terms.

UGH.  Find that form. My guess is you signed a consent judgment and that could affect your next move.

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3 hours ago, Clydesmom said:

UGH.  Find that form. My guess is you signed a consent judgment and that could affect your next move.

If it was a consent judgement, but OP performed everything as agreed upon in the agreement and the law firm entered the judgement anyway after the agreement was performed as-written, then I would say it's time for a consumer attorney to take a look at this entire thing for OP.

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48 minutes ago, fisthardcheese said:

If it was a consent judgement, but OP performed everything as agreed upon in the agreement and the law firm entered the judgement anyway after the agreement was performed as-written, then I would say it's time for a consumer attorney to take a look at this entire thing for OP.

Depends entirely on what that document says.

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Okay so the main form I was looking for isn't with documents. Not sure where it is. I tried pulling up court records, but nothing in system. Going to contact court to get hard copy of files. But I have summons and one other item. I am not sure but they filed request for entry of default on 12/14/11. Isn't that saying that I didn't keep my end of agreement? I have the canceled checked dated 12/28 which was before agreed upon date. I asked if I needed to do anything else and they told me no. The records from court show as below (copied from online access):

 

01/09/2012 JUDGMENT ENTERED AS A FINAL DISPOSITION ON 01/11/12 , FOR (XXXXXXX), LLC , AGAINST (XXXXXXXXXX) , (WARE, SIDNEY) , PAST DUE RENT + DAILY DAMAGES $ 2793.48 , ATTORNEY FEES $ 500.00 , COSTS $ 330.00 . TOTAL $ 3,623.48 , AND FOR RESTITUTION OF PREMISES LOCATED AT XXXXXXXXXX

01/09/2012 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. 002 , HON. WILLIAM GARCIA PRESIDING FOR COURT TRIAL AND DEFAULT PROVE-UP. PLAINTIFF APPEARING JEANNE STERBA . NO APPEARANCE BY OR FOR DEFENDANT(S).

12/28/2011 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. 002 , HON. WILLIAM GARCIA PRESIDING FOR HEARING RE: COURT TRIAL . THE COURT RULES AS FOLLOWS: STIPULATION FOR ENTRY OF JUDGMENT IS LODGED WITH THE COURT AND THE MATTER IS CONINUED FOR AN ORDER TO SHOW CAUSE RE: DISMISSAL OR ENTRY OF JUDGMENT IF IN NON-COMPLIANCE ON 1/9/12 AT 8:30 A.M. IN DEPARTMENT 2.

12/28/2011 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. 002 , HON. WILLIAM GARCIA PRESIDING FOR HEARING ON OSC WHY SANCTIONS OR A DISMISSAL OF THE ENTIRE ACTION SHOULD NOT BE IMPOSED. MATTER CONTINUED TO 01/09/12 AT 08:30A M, IN DEPT. 002 .

12/28/2011 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. 002 , HON. WILLIAM GARCIA PRESIDING FOR HEARING RE: COURT TRIAL . THE COURT RULES AS FOLLOWS: STIPULATION FOR ENTRY OF JUDGMENT IS LODGED WITH THE COURT AND THE MATTER IS CONINUED FOR AN ORDER TO SHOW CAUSE RE: DISMISSAL OR ENTRY OF JUDGMENT IF IN NON-COMPLIANCE ON 1/9/12 AT 8:30 A.M. IN DEPARTMENT 2.

12/28/2011 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. 002 , HON. WILLIAM GARCIA PRESIDING FOR HEARING ON OSC WHY SANCTIONS OR A DISMISSAL OF THE ENTIRE ACTION SHOULD NOT BE IMPOSED. MATTER CONTINUED TO 01/09/12 AT 08:30A M, IN DEPT. 002 .

12/19/2011 NOTICE OF UNLAWFUL DETAINER COURT TRIAL FILED AND MAILED TO RESPECTIVE PARTIES/COUNSEL. CLERK'S CERTIFICATE OF SERVICE FILED.

12/15/2011 CLERK'S NOTICE OF HEARING RE: OSC WHY SANCTIONS OR A DISMISSAL OF THE ENTIRE ACTION SHOULD NOT BE IMPOSED FOR FAILURE TO FILE ANY AND ALL PAPERS/DOCUMENTS NECESSARY TO BRING THE MATTER TO TRIAL OR TO EFFECT A FINAL DISPOSITION AS TO ALL ISSUES AND PARTIES TO THE ACTION. ORDER SIGNED AND FILED BY DOUGLAS SORTINO . MATTER SET FOR HEARING ON 01/17/12 AT 01:30P M, IN DEPT. 002 . CLERK'S CERTIFICATE OF SERVICE FILED.

12/15/2011 PROOF OF SERVICE RE: SUMMONS AND COMPLAINT FILED. SERVED AS TO (XXXXXX) SUB-SERVED XXXXXXX, HOUSEHOLD MEMBER . COSTS OF $ 45.00

12/15/2011 DECLARATION RE: DILIGENCE FILED.

12/15/2011 PROOF OF SERVICE PURSUANT TO 415.46 CCP FILED. REQUEST FILED AND DEFAULT ENTERED OF (XXXXXXXXXX) , AND AS TO ANY AND ALL OCCUPANTS ON 12/15/11 . DECLARATION UNDER 585.5 CCP, DECLARATION PURSUANT TO 587 CCP, MEMO OF COSTS, AND DECLARATION OF NON-MILITARY STATUS FILED.

12/15/2011 REQUEST TO SET CASE FOR UNLAWFUL DETAINER COURT TRIAL FILED.

12/15/2011 MATTER SET FOR UNLAWFUL DETAINER COURT TRIAL ON 12/28/11 AT 08:30A M., IN DEPT. 002 .

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Looks like you signed a consent judgement and a hearing was then held to make sure you performed your part of the agreement.  Since you did not show up to prove you paid as promised, they entered the default judgement that you had already signed off on.

Whether it was incorrect to enter the default or not due to your absence is the question.  You should call a consumer attorney in your area and have a free phone consult to ask if that was proper or if they wrongly entered the judgement against you.  It may all come down to whether you were required to appear or not, which I don't know.  I would ask an attorney.  If a consumer attorney thinks they entered the judgement when they should not have, they MAY agree to take some action to help you with that.

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On 10/14/2018 at 8:34 AM, fisthardcheese said:

Looks like you signed a consent judgement and a hearing was then held to make sure you performed your part of the agreement.  Since you did not show up to prove you paid as promised, they entered the default judgement that you had already signed off on.

Whether it was incorrect to enter the default or not due to your absence is the question.  You should call a consumer attorney in your area and have a free phone consult to ask if that was proper or if they wrongly entered the judgement against you.  It may all come down to whether you were required to appear or not, which I don't know.  I would ask an attorney.  If a consumer attorney thinks they entered the judgement when they should not have, they MAY agree to take some action to help you with that.

I rememTber asking if I needed to do anything else (aside from making the payment) and they told me no. You'd think that the apartment management would have informed them that I had paid what was owed. Guess that's too much like right. Will aim to speak with a consumer attorney.

Thank you

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