topic Consent Judgment Entry...Help! in Rebuilding Your Credit

Consent Judgment Entry...Help!

Anonymous — Tue, 12 Feb 2013 02:18:13 GMT

So the SOL in my state is coming up on an old Chase CO, and Asset Acceptance sent it to an attorney. I worked out an agreement with the attorney's office, but they want me to sign and mail in the following:

"Pursuant to an agreement between the parties, judgment is hereby rendered in favor of Plaintiff, ASSET ACCEPTANCE, LLC, and against Defendant, xxx in the amount of $1,146.14, plus accrued interest blah blah blah..."

"Plaintiff has agreed to withhold execution on said judgment (with the exception of the filing of a judgment lien) so long as the Defendant makes the payments in a timely manner as specified above. Upon final payment of the Judgment, the Plaintiff will file a Satisfaction of Judgment."

What does this mean? The account will be PIF before this letter would even make it back to their office. As such, would a judgment be rendered against me in court? Would something go on my credit reports? I only contacted them to settle rather than fight because I just want it gone. If a judgment is going to be on my reports for ten years, what's the point?

Any advice would be greatly appreciated.

Re: Consent Judgment Entry...Help!

starry1 — Tue, 12 Feb 2013 02:22:55 GMT

If you're going to pay it before the court date anyway, then I wouldn't sign the agreement at all. I would just send them certified funds on the account. They can't (or shouldn't be able to) get a judgment if no money is owed. If I were in your shoes, I would keep checking back with the court clerk to make sure you don't have to show up in court. If your case isn't taken off the docket, I would show up in court to make sure they don't get a default judgment against you, even if they have received the funds already.

Re: Consent Judgment Entry...Help!

Anonymous — Tue, 12 Feb 2013 02:40:23 GMT

@Anonymous wrote:
So the SOL in my state is coming up on an old Chase CO, and Asset Acceptance sent it to an attorney. I worked out an agreement with the attorney's office, but they want me to sign and mail in the following:

"Pursuant to an agreement between the parties, judgment is hereby rendered in favor of Plaintiff, ASSET ACCEPTANCE, LLC, and against Defendant, xxx in the amount of $1,146.14, plus accrued interest blah blah blah..."

"Plaintiff has agreed to withhold execution on said judgment (with the exception of the filing of a judgment lien) so long as the Defendant makes the payments in a timely manner as specified above. Upon final payment of the Judgment, the Plaintiff will file a Satisfaction of Judgment."

What does this mean? The account will be PIF before this letter would even make it back to their office. As such, would a judgment be rendered against me in court? Would something go on my credit reports? I only contacted them to settle rather than fight because I just want it gone. If a judgment is going to be on my reports for ten years, what's the point?

Any advice would be greatly appreciated.

It's a little confusing to me. Is there already a judgment? It sounds, from the first paragragh that the attorney is saying they are rendering a judgment in favor of the CA. They can't do that. It would have to been done by a judge.

An execution of a judgment is ways to collect on a judgment that has already been issued.

A judgment lien is also after a judgment has been issued. It gives the creditor access to your personal property and assests.

I personally would not sign it but contact the county clerk to see if they did in fact already file.

Re: Consent Judgment Entry...Help!

Shogun — Tue, 12 Feb 2013 05:00:24 GMT

Signing this document could in no way benefit you. If you pay before it goes to court, then there would be no debt in which a judgement could incur. If a judgement has already been granted, then if you pay it, they could not enforce it and would have other choice than to file a satisfication of it. And if it's paid, what would the lein be for?

Re: Consent Judgment Entry...Help!

RobertEG — Tue, 12 Feb 2013 07:53:52 GMT

It's most likely a back-door attempt to get a consumer action/admission that might reset the SOL.

It is legal hogwash.

I would not sign that unless a gun were at my temple.

Re: Consent Judgment Entry...Help!

Anonymous — Tue, 12 Feb 2013 15:44:39 GMT

I guess the form is something the law office would give to the judge as evidence of my consent to have a judgment placed against me. The final payment was made on the account this morning. I called the local clerk of courts and was advised that if I signed the form, a judgment would absolutely be placed on my credit file even though I'd settled with the creditor outside of court. They advised that I do not sign the form and that I make sure to get a case dismissal from the attorney. So, I called the attorneys' office and was told that once my payment clears and my settled-in-full letter is sent out, a case dismissal will be filed and everything will be cleared up...no judgment.

Thanks for the help guys--crisis averted.

Re: Consent Judgment Entry...Help!

Shogun — Tue, 12 Feb 2013 15:58:57 GMT

Good work!