02-12-2010 02:18 PM
I jot a summons to answer from Capital One (collection agency/lawyer handling the case). Since I know that I owe it (although much higher due to being late and penalties piling up), I really just want to pay it and avoid a judgement being entered against me, I decided to just make an offer and get it over with.
I tried to make an offer to settle by paying 50%, which they refused. I then tried an offer of 75% to pay, which they again refused. Ok, so they want the full balance of $1650.00. So, since I did not have the $1650 to pay off immediately, I asked about payment arrangements to do it in 1 month (pay the entire amount). I was told by the Attorney's office that I could do that and they would send me the paperwork.
I just got the paperwork and this is what it states: If you would like to explore a voluntary replayment plan then please provide the requested information. The debt will need to be acknowledged through the attached consent judgement. They want my personal information, employment, salary, spouses information. Then the second page is then they have a consent judgement for me to sign.
So, I wanted to pay this without getting the judgement entered against me. So, I have gotten the rest of the money together ($1650) to just pay it in full. Should I just get a certified check for the total amount and forward it back to the lawyer without signing the consent judgement???
At this point, I am trying to prevent the judgement from going forward. If I pay the entire amount, can the lawyer enter the judgement anyway if I do this without signing. Please advise on what I should do.
02-12-2010 04:54 PM
The lawyer can not enter a judgment on your CR's...Only a judge can issue a judgment.
Always Show up for a court. IMHO. it's always best to come to an agreement before court and before a judgment.
Here is my experience with a judgment...
I was served with a summons with a court date in 3mos away.
Called the phone number that was on the summons.(the collection/lawyer CA)
They told me to avoid the judgment is to PAY before the court date, and they would cancel court. I told them I wanted it in writing before paying,
Also to be deleted from my CR's.Recieved the agreement,it was fine.Paid thru western union. Called the court to make sure, it was canceled.
EX and TU deleted within a month or two. EQ was another story.Called the CA and asked why EQ was still reporting.
They replied, the send all their deletion to lexis nexus.Called lexis nexus and had the CA resend the info to them.
Also had a copy sent to EQ..............and finally after 6mos was deleted from EQ.
Hope this helps you!!!
02-12-2010 08:57 PM
Well the summons says to answer in 15 days, so I have 2 weeks to do this but I want to go ahead and pay it. Since I told the lawyers office that I would pay within 1 month why would they want me to sign a consent judgement (assuming that I was going to pay in 1 month). Now, however, I have the total amount and definitely want to send it without signing a judgement. Since Capital One is already reporting it as a bad account, I do not need a judgment entered against me as this will cause more damage. So, you think I should send them a cashier's check for the $1650 and not sign the papers.
If I do this, can they go ahead and submit it to the judge for the judgment??? I was just going to pay and not answer the summons, as it would be paid before I have to do that.
Thanks for your help.
02-13-2010 04:31 AM
02-13-2010 03:12 PM
Ask the CA for a letter saying, you paid before the court date that they will cancel the court and delete this from your CR's
Since it's just 2wks away, try to get the letter in your hand before paying....cashiers check is ok.....make sure you have a copy
and get a returned receipt that they received it.
You are correct Not to sign a consent judgment.
Call the court the day before your court date, and see if they canceled or not.
If not, show up and with proof you paid already.
02-13-2010 08:16 PM
The additional information they requested from you related to your request to set up an installment plan.
If you pay in full, there is no need for you to provide any additional credit information.
Get a recepit of payment in advance of court date. If you dont get formal notce from the court of dismissal prior to the court date, just show up in court with your proof of payment
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