charlieday

I signed a consent by judgment not know exactly what it was. Can I get the judge to void it? ( Missouri)

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I signed a consent by judgement not knowing what it truly was. I felt like they tricked me into signing based off of the phone conversation, saying that if I made a direct deposit that day they will dismiss the case. As well as the time frame it was sent and the verbaige of the cover letter attached with the consent. Is there anything I can do to get this voided, thrown out? I have a hearing today. I should have found this forum sooner.

 

This verbiage was on the cover letter of the consent and it really confused me:

“Should you fail to sign and return the enclosed consent, this matter will not be considered settled and your legal case will proceed forward, which could result in a judgment being entered against you.”

little did i know that i was signing away to agreeing for a judgement to be set against me.

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22 minutes ago, charlieday said:

I signed a consent by judgement not knowing what it truly was. I felt like they tricked me into signing based off of the phone conversation, saying that if I made a direct deposit that day they will dismiss the case. As well as the time frame it was sent and the verbaige of the cover letter attached with the consent. Is there anything I can do to get this voided, thrown out? I have a hearing today. I should have found this forum sooner.

 

This verbiage was on the cover letter of the consent and it really confused me:

“Should you fail to sign and return the enclosed consent, this matter will not be considered settled and your legal case will proceed forward, which could result in a judgment being entered against you.”

little did i know that i was signing away to agreeing for a judgement to be set against me.

We need more information.  How far into the lawsuit did you sign the consent?  Were you served?  Did you file an answer?  What is the purpose of today’s hearing?

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Yes, I was served Dec 28th, the hearing is today Jan 19th.  I was nervous so I decided to call a representative at Portfolio recovery Associates that same day I was served to settle this outside of courts and come up with a payment plan.  I was told over the phone that if I make a down payment today as well as monthly payments, that that'll through the case out. I agreed gave them my bank account information. They said they would send me the agreement and to not worry about the case.

I read in Missouri that you don't have to file an answer you just have to show up but I filed one anyway stating that I requested to have this settle outside of court but instead the plaintiff sent a consent by judgment and I felt I had no choice but to sign.

I received a letter on Jan 11th , a cover letter saying,

" Please be advised that this Consent must be signed and returned. Should you fail to sign and return the enclosed consent, this matter will not be considered settled and your legal case will proceed forward, which could result in a judgement being entered against you. Any payments made without a signed consent will merely be credited to your account. We do not have a mutually agreed upon settlement  in regards to the above-entitled action unless and until the attached consent is signed and returned.

Along with judgement by consent, with the stay of execution stating:

"It is further ordered that by consent and agreement of the Plaintiff, all Execution and Garnishment in aid of Execution be stayed: Provided, defendant makes an initial payment of Plaintiff of $100 on or before 12/28/2020: followed by payments of $56.92 beginning 01/25/2021 and continuing on the 25th of each month thereafter, with a final payment of 57.24 on or before 11/25/2028 until judgment is fully paid. Execution and garnishment may issue upon plaintiff's request if defendant defaults in any payments."

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42 minutes ago, charlieday said:

Yes, I was served Dec 28th, the hearing is today Jan 19th.  I was nervous so I decided to call a representative at Portfolio recovery Associates that same day I was served to settle this outside of courts and come up with a payment plan.  I was told over the phone that if I make a down payment today as well as monthly payments, that that'll through the case out. I agreed gave them my bank account information. They said they would send me the agreement and to not worry about the case.

I read in Missouri that you don't have to file an answer you just have to show up but I filed one anyway stating that I requested to have this settle outside of court but instead the plaintiff sent a consent by judgment and I felt I had no choice but to sign.

I received a letter on Jan 11th , a cover letter saying,

" Please be advised that this Consent must be signed and returned. Should you fail to sign and return the enclosed consent, this matter will not be considered settled and your legal case will proceed forward, which could result in a judgement being entered against you. Any payments made without a signed consent will merely be credited to your account. We do not have a mutually agreed upon settlement  in regards to the above-entitled action unless and until the attached consent is signed and returned.

Along with judgement by consent, with the stay of execution stating:

"It is further ordered that by consent and agreement of the Plaintiff, all Execution and Garnishment in aid of Execution be stayed: Provided, defendant makes an initial payment of Plaintiff of $100 on or before 12/28/2020: followed by payments of $56.92 beginning 01/25/2021 and continuing on the 25th of each month thereafter, with a final payment of 57.24 on or before 11/25/2028 until judgment is fully paid. Execution and garnishment may issue upon plaintiff's request if defendant defaults in any payments."

It’s a consent judgment because you are making payments.  It’s not common for a plaintiff to agree to dismiss a lawsuit when you are making payments, especially when payments are stretched out over a number of years.

If you settled for one lump sum, they might agree to dismissing the lawsuit, there would be no judgment.  

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On 1/19/2021 at 9:54 AM, charlieday said:

Along with judgement by consent, with the stay of execution stating:

"It is further ordered that by consent and agreement of the Plaintiff, all Execution and Garnishment in aid of Execution be stayed: Provided, defendant makes an initial payment of Plaintiff of $100 on or before 12/28/2020: followed by payments of $56.92 beginning 01/25/2021 and continuing on the 25th of each month thereafter, with a final payment of 57.24 on or before 11/25/2028 until judgment is fully paid. Execution and garnishment may issue upon plaintiff's request if defendant defaults in any payments."

You settled the case, there is no judgement. But eight years worth of payments. Geez!  I would start saving and pay it off because it will be even easier now for them to get a real judgement if you default. 

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