I am trying to negotiate a settlement on a default judgment that went against me in 2004. The attorney is Bridgers, Peters and Kleber in Atlanta. Their client is Silver Fox Financial. This was originally a Citi Bank Visa card. Their attorneys and I have reached an agreement on the amount but I am trying to get them to agree to file a letter of Nonsuit with the court so that I come out of this settlement with the best result on my credit report. So I sent this letter to the attorney.
Dear Mr. Rush, Your firm has had a default judgment against me since 2004. The case number is --------. Your client is Silver Fox Financial. I have called in and spoken to the paralegal that is handling my file. I was offered a settlement in the amount of $3,800.00. I am prepared to accept this settlement offer. I am writing to request that after my certified funds have arrived and this debt is paid in full, that your firm file with the -------- County Superior Court a letter of dismissal or nonsuit of this judgment.
If you agree to the above terms, I ask that you please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer of $3,800.00 and in return your firm agreeing to file the letter of nonsuit with the court. Please have it signed and dated by an authorized representative of the firm and please send it to the address listed above. When I receive this letter, I will immediately send you a bank check for $3,800.00. I thank you for your help and look forward to resolving this issue.
Below is the letter I received in return.
Dear Mr. --------- This will confirm that we will settle the above account in full in return for $3,800.00. Upon receipt of certified funds, we will forward the canceled judgment to the above said defendant to present to the Superior Court of -------- County.
Contact the underwriter if you have any questions.
From what I understand from reading on here, they are not agreeing to what I am asking. What they are saying they will send, will do nothing to make the judgment go away completely like a nonsuit letter will....correct??? I guess I‘m going to have to send him the legal definition of a nonsuit. Does anyone have any advice?? Thank you.
