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Judgment in Offer

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Anonymous
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Judgment in Offer

If I settle a lawsuit by allowing a judgement in offer, will this hurt my score?

Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: Judgment in Offer

Yes.

 

Did your opponent's lawyers offer you this in exchange for a payment plan?

 

A judgment in offer is just like a judgment, except for that it isn't file immediately.  They use this agreement to ensure payment from you.  If you miss a payment, they can file it and it will be a judgment against you.

 

Even if you do agree to this, watch out!  I know of many other consumers who have done this and were done in by unscrupulous and sleazy debt collection lawyers who will file based on a small minor technicality error on your part.

 

One such story involves someone who agreed to one in exchange for three payments on a $1300 debt.  The lawyer wanted three monthly payments of $433.33.  The consumer paid each installment on time, but failed to notice that they only paid $1299.99 of the debt.  The lawyer for the collector waited 30 days after the third payment, and filed the judgment on day #31.  The consumer was done in over a matter of $0.01!

 

If I was in your position, I would try to have the standing of the lawyer to sue over your alleged debt be put into question.  There is a 99% chance that they technically can not collect, so they cannot sue you.

 

I would also try to see if I can derail their strategy by getting them into private arbitration.

Message 2 of 4
Walt_K
Senior Contributor

Re: Judgment in Offer


@Anonymous wrote:

Yes.

 

Did your opponent's lawyers offer you this in exchange for a payment plan?

 

A judgment in offer is just like a judgment, except for that it isn't file immediately.  They use this agreement to ensure payment from you.  If you miss a payment, they can file it and it will be a judgment against you.

 

Even if you do agree to this, watch out!  I know of many other consumers who have done this and were done in by unscrupulous and sleazy debt collection lawyers who will file based on a small minor technicality error on your part.

 

One such story involves someone who agreed to one in exchange for three payments on a $1300 debt.  The lawyer wanted three monthly payments of $433.33.  The consumer paid each installment on time, but failed to notice that they only paid $1299.99 of the debt.  The lawyer for the collector waited 30 days after the third payment, and filed the judgment on day #31.  The consumer was done in over a matter of $0.01!

 

If I was in your position, I would try to have the standing of the lawyer to sue over your alleged debt be put into question.  There is a 99% chance that they technically can not collect, so they cannot sue you.

 

I would also try to see if I can derail their strategy by getting them into private arbitration.


What are you basing this on?  I assume you mean you would challenge the standing of whomever the lawyer represents, not the actual lawyer.  But why do you think there is a 99% chance there is no standing?  OP doesn't seem to be challenging the validity of the debt.  It's not clear whether they are being sued by the original creditor or a debt collector.  If the OC, don't know what the standing challenge would be.  If a debt collector, it's possible they don't own the debt, but 99% chance they don't have standing.  That seems to be overstating it.


Starting Score: ~500 (12/01/2008)
Current Score: EQ 681 (04/05/13); TU 98 728 (01/06/12), TU 08? 760 (provided by Barclay 1/2/14), TU 04 728 (lender pull 01/12/12); EX 742 (lender pull 01/12/12)
Goal Score: 720


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Message 3 of 4
Anonymous
Not applicable

Re: Judgment in Offer

In my experience, if the OC is suing, then they will probably have the documents and will either go ahead and ask for a repayment with no strings attached, or they will just go for a summary judgment and steamroll over the OP.

 

What the OP is describing is a typical JDB court strategy.

Message 4 of 4
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