PDA

View Full Version : default judgement against me when I had made payment arrangements?


gunny87a
10-04-2009, 03:07 PM
The lawyer is from Ruben and Debski.

I got a court summons back in August to appear in court and two weeks later in mid Sept I called the lawyers concerning my Capital One credit card case against me and said I would settle for a monthly payment and which they agreed and they sent me a letter on it and I sent a check to them with my signature agreeing to those payments every month. I talked to the lawyer saying the piece of paper that was signed by me will be submitted to the judge saying I have agreed to these payments. I didn't go to the court hearing because I thought have already settled. When I looked up my case on the county website. It said default. Is that a good thing? As long I made payment arrangements with the lawyer, I should be fine? They wouldn't pursue me? I'm just wondering before I call the lawyer to find out some clear answers.

Also I made a copy of the letter of the payment arrangement and have bank statements showing I paid them.

trueq
10-04-2009, 03:18 PM
When you signed the paper it was probably a consent judgment.

You probably agreed, as part of the settlement, to consent to have a court enter judgment against you.

My personal opinion is: NEVER SIGN SUCH A DOCUMENT.

However, if you paid it and are fine with these punks sticking a judgment on your credit report for 7 years, there is realy no problem then.

gunny87a
10-04-2009, 03:25 PM
So basically If I don't stick to the payment arrangement it will give them the right to levy my bank account and garnish my wages? am I assuming that answer? That's what I'm hoping. I'm ok with them giving me a default and my credit dinged. I'm more concerned about my bank account and garnishing my wages even if I made a payment arrangement with them. I'm just trying to survive here vs being hanged. I know I will have to contact the firm to find out their intentions. I just hope all goes well.

trueq
10-04-2009, 06:00 PM
they have all the court collection remedies available in your state which could be some or all of the things you state.

gunny87a
10-04-2009, 06:53 PM
I understand that's why paying them is my first priority to avoid this problem. I will be on top of them to make sure nothing happens. I appreciate your advice and everything.

FlaLawyer
10-04-2009, 07:39 PM
Well, is it a consent judgment or not? If you have a copy of what you signed look at the top and see if it says consent judgment.

You want a dismissal, not a judgment.

gunny87a
10-04-2009, 07:41 PM
It was a consent judgement admitting to my debt. Also adding that I pay the stated payment agreement.