Default Judgement: Time Limit to Appeal? "Time sensitive"

[terren2000]

Ok here is step 2.

I received a letter of the agreement.  Which was I pay the judgement in fulla nd they will get rid of the judgment and alert the credit company.

Heres the letter I recieved:

"This letter is to confirm your agreement to settle the above referenced account with lvnv funding LLC for 0000.00, provided that you comply with the following terms.

You will pay 0000.00 due on or before 2-28-10 to settle the account in full.

 

If the scheduled payment is received all collection activity will be stopped.  If the scheduled payment is not received, the offer will become null and void and the entire balance will be due immediately.  If a lawsuit has been filed against you. A dismissal or satisfaction of judgment as appropriate will be filed with the court upon clearance of your payment with our bank.

In consideration for this settlement each party hereby releases and forever discharges each other and their respective predecessors, successors, partners, assigns, employees, shareholders, owners, officers, directors, agents, attorneys, subsidiaries. Divisions. Affiliates, (jointly referred to as “Released Parties”) from any and all claims, demands, causes of action, obligations, damages, attorneys fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or asserted, which either party may have or claim to have against the Released Parties relating in any manner to the above mentioned account, and hereby covenants not to assert such claims through a lawsuit, an administrative proceeding or otherwise.  This release includes, but is not limited to, claims arising under federal, state or local laws.

 

Each party waives all rights under section 1542 of the civil code of California.  That section reads as follows:

 

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”

 

Notwithstanding the provisions of Section 1542 or any similar law of any other state, and to provide a full and complete release of released Parties, each party expressly acknowledges that this settlement and general Release is intended to include, without limitation, all claims which Releasing party does not know of or suspect to exist in his/her favor at the time of execution of this document, and that the settlement agreed upon completely extinguishes all such claims

This letter has been sent to you by a law office specializing in the area of debt collection.  Be advised that this letter is an attempt to collect a debt and any information obtained will be used for that purpose.  Further be advised that plaintiff may be required by federal law to file a 1099 regarding the settlement of the account mentioned above."

Message Edited by terren2000 on 01-21-2010 11:27 PM

Message Edited by terren2000 on 01-21-2010 11:42 PM

Message Edited by terren2000 on 01-21-2010 11:42 PM

[Anonymous]

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@terren2000 wrote:

Ok here is step 2.

I received a letter of the agreement.  Which was I pay the judgement in fulla nd they will get rid of the judgment and alert the credit company.

Heres the letter I recieved:

"This letter is to confirm your agreement to settle the above referenced account with lvnv funding LLC for 0000.00, provided that you comply with the following terms.

You will pay 0000.00 due on or before 2-28-10 to settle the account in full.

 

If the scheduled payment is received all collection activity will be stopped.  If the scheduled payment is not received, the offer will become null and void and the entire balance will be due immediately.  If a lawsuit has been filed against you. A dismissal or satisfaction of judgment as appropriate will be filed with the court upon clearance of your payment with our bank.

In consideration for this settlement each party hereby releases and forever discharges each other and their respective predecessors, successors, partners, assigns, employees, shareholders, owners, officers, directors, agents, attorneys, subsidiaries. Divisions. Affiliates, (jointly referred to as “Released Parties”) from any and all claims, demands, causes of action, obligations, damages, attorneys fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or asserted, which either party may have or claim to have against the Released Parties relating in any manner to the above mentioned account, and hereby covenants not to assert such claims through a lawsuit, an administrative proceeding or otherwise.  This release includes, but is not limited to, claims arising under federal, state or local laws.

 

Each party waives all rights under section 1542 of the civil code of California.  That section reads as follows:

 

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”

 

Notwithstanding the provisions of Section 1542 or any similar law of any other state, and to provide a full and complete release of released Parties, each party expressly acknowledges that this settlement and general Release is intended to include, without limitation, all claims which Releasing party does not know of or suspect to exist in his/her favor at the time of execution of this document, and that the settlement agreed upon completely extinguishes all such claims

This letter has been sent to you by a law office specializing in the area of debt collection.  Be advised that this letter is an attempt to collect a debt and any information obtained will be used for that purpose.  Further be advised that plaintiff may be required by federal law to file a 1099 regarding the settlement of the account mentioned above."

Message Edited by terren2000 on 01-21-2010 11:27 PM

Message Edited by terren2000 on 01-21-2010 11:42 PM

Message Edited by terren2000 on 01-21-2010 11:42 PM

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I am not sure what your definition is of "get rid of the judgment," but you need to understand that the document you posted states only that a "satisfaction of judgment ... will be filed with the court."  This will not in any way, shape or form remove the judgment from your credit report should it already appear there.

There are only three ways to have a judgment removed from your credit report:

1.  A stroke of Divine intervention;

2.  The judgment ages off the credit report; or

3.  The judgment is vacated by the court which rendered the judgment.

Satisfaction of judgment simply means that the judgment is marked as paid and does not remove the judgment from your credit file.  Vacating the judgment means you motion for the court to declare the judgment null and void from the inception.  Two totally different animals.

If the judgment is not now listed on your credit reports or, if it is, you are not concerned about it, then the agreement you posted should be fine.  Once you pay I would have the judgment creditor send you a notarized copy of the Satisfaction of Judgment along with a letter indicating receipt of payment.  To play it safe, a notarized General Release as indicated in the letter wouldn't be uncalled for.

Good luck!

[terren2000]

Ok thanks.

He said he would vacate the judgement once received and it would be stated as such.  he lied.  now that makees e angry.  And i agreed to pay it in full.  5400$.00. It was 5200.00 and he taxed on $200.00 on the spot. 

Very disappointed.  I can get it Vacated through a Lawyer becausse of my medical excuse, but will that do anything for the judgement on my credit card?

[Anonymous]

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@terren2000 wrote:

Ok thanks.

He said he would vacate the judgement once received and it would be stated as such.  he lied.  now that makees e angry.  And i agreed to pay it in full.  5400$.00. It was 5200.00 and he taxed on $200.00 on the spot. 

Very disappointed.  I can get it Vacated through a Lawyer becausse of my medical excuse, but will that do anything for the judgement on my credit card?

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I'd talk to the judgment creditor again and reiterate the imprtance to you of having the judgment not only satisfied, but also vacated.  Generally a judgment creditor will not actually go to the time and expense of filing a Motion to Vacate for you because, obviously that would cause them an additional expense and, of course, hassle.  However, you can get them to promise that they will either support your Motion to Vacate by giving you a written instrument you can use in court or, at least, by agreeing not to oppose your Motion to Vacate.

You might want to talk with your lawyer very carefully about having the judgment vacated.  In every court but for a very few select housing courts, simply paying the judgment is never grounds for having a judgment vacated.  The only grounds for having a judgment vacated are all related to the court never or improperly having obtained jurisdiction over the matter.  Basically, unless you were never legally served when the judgment creditor sued you, any other reasoning you may come up with is virtually irrelevant. 

You'd need to file a Motion to Vacate with the court and see if the judge is willing to sign off on it.  Only the court can actually vacate the judgment.  Once you have the court order vacating the judgment, the credit bureaus must remove the judgment from your credit file.

That said, courts in many jurisdictions understand the trying times people are going through in the current economic climate and the negative consequences judgments cause when they appear on your credit report.  In light of that, these judges are often willing to entertain Motions to Vacate if you have satisfied (paid) the judgment, but generally only if the judgment creditor does not object.  It is, therefore, often crucial to enlist either the direct aid of the judgment creditor or at least have them agree to remain silent on the issue.

Message Edited by O6 on 01-22-2010 02:33 AM

[terren2000]

Just an update to everyone who has helped with wonderful advice.

My court date is March 26th.

I see alot of people in previous post had court dates but never updated their post to whether or not they won.  I for sure will be updating my post the next day when I recover from my hangover and celebration party.

I think my case is pretty good.  Im just disappointed i had to spend the extra dough to get a paralegal to do all the paper work.  i served them, give them a taste of their own medicine.

Ill update this site the day before i go as well.

[Jazzzy]

My fingers are crossed for you! It's good to see somebody fight back.

[terren2000]

Update:  Mar. 25th

I go to court next week on Apr. 2nd, but I just received a letter from "IRL Legal Recovery" in the mail a week before court.

Heres what it says.

"Dear Terren,

Legal Recovery Law Offices is in receipt of your answer concerning case #. 

In an effort to mutually resolve this matter without further additional expense to either side, LVNV Funding LLC is willing to enter into a stipulation with you that would allow you to resolve this matter by making reasonable monthly payments.  The attached stipulation provides that if you pay any court required stipulation fee and the balance of 5552.62 is accordance with the stipulation, LVNV Funding LLC will dismiss this case with prejudice upon payment in full.

If you would like to discuss the terms of the stipulation, please contact our office immediatedly.  please be informed that should you not agree to enter into a stipulation on this matter, this law office intends to proceed in seeking a judgement against you for the total amount of 5552.6 plus any additional costs, interest and attorney's feees that are allowed by law and incurred while proceeding to trial.  moreover, should a judgement be obtained against you, a judgement will adversely effect your credit history and additional post-judgment cost and interest will be incurred.

This notice has been sent to you by a law office specializing in the area of debt colelction.  be advised that this is an attempt to collect a debt and any information obtained will be used for that pupose.

If you wish to resolve this matter by entering into a stipulation, please contact our office immediatedly at 888888888.

Sincerely Mark Walsh Attorney at Law."

part 2 up next, lots of documents.

[Anonymous]

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@terren2000 wrote:

Update:  Mar. 25th

I go to court next week on Apr. 2nd, but I just received a letter from "IRL Legal Recovery" in the mail a week before court.

Heres what it says.

"Dear Terren,

Legal Recovery Law Offices is in receipt of your answer concerning case ########. 

In an effort to mutually resolve this matter without further additional expense to either side, LVNV Funding LLC is willing to enter into a stipulation with you that would allow you to resolve this matter by making reasonable monthly payments.  The attached stipulation provides that if you pay any court required stipulation fee and the balance of 5552.62 is accordance with the stipulation, LVNV Funding LLC will dismiss this case with prejudice upon payment in full.

If you would like to discuss the terms of the stipulation, please contact our office immediatedly.  please be informed that should you not agree to enter into a stipulation on this matter, this law office intends to proceed in seeking a judgement against you for the total amount of 5552.6 plus any additional costs, interest and attorney's feees that are allowed by law and incurred while proceeding to trial.  moreover, should a judgement be obtained against you, a judgement will adversely effect your credit history and additional post-judgment cost and interest will be incurred.

This notice has been sent to you by a law office specializing in the area of debt colelction.  be advised that this is an attempt to collect a debt and any information obtained will be used for that pupose.

If you wish to resolve this matter by entering into a stipulation, please contact our office immediatedly at 888888888.

Sincerely Mark Walsh Attorney at Law."

part 2 up next, lots of documents.

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So far I am confused.

They already have a judgment against you.  How are they going to seek a judgment against you?

[terren2000]

Part 2 Stipulation........

"It is stipulated by and between the plaintiff, LVNV Fundingm through its authorized rep, LEGAL Recovery, and defendant Terren2000, that the above entitled case is settled in accordance with CRC Rule 3.1385 as outlined below

I.  Notice of Conditional Settlement

Pursuant to CCp 664.6, the parties agree that the court shall conditonally dismiss this action as to Defendant Terren200, and retain jurisdiction in the event on defendants default of the settlement agreement.  In the event of a default in payments, it is agreed that the court, at the request of Plaintiff, may enter judgement in the amount outlined in paragraph V, without notice to the defendants.  A copy of the original stipulation containing both signatures shall have the same force and effect as the orignal for all purposes.

II.  Statue of Limitation

The aprties waive all statutes of limitations and any other legal impediment or bar to this court taking juridiction again of this case under the circumstances set forth.

III.  Stipulated Amount and Method of Repayment

Defendant shall pay plaintiff the tolal sum of ******, plus additonal pre-judgement interest on the principal amount of the stipulation due at the annual rate of 10.0000%, and any returned check fees, according to the following terms.

a.  defendant shall pay balance of the stipulation at the rate of 250.00 per month, commening 4-1-2010, and continuing on the 25th day of each and every month thereafter until stipulation is satisfied.

b.  the last payment shall be due on or before 9-17-2012/  This payment shall include whatever balance remains at this time, including accrued interest and returned check fees.  Defendant may contact the plaintiff at any time to request the remaining balance.

c.  defendant may forward a hearing fee of $20 on a separate check, made payable to superior court, for the stipulation filing.

d.  defendant may pay balance of the stipulation at any time without prepayment penalty.  Defendant may make payment greater than is required of this stipulation at any time without penalty, but making a greater payment will not relieve the defendant of its obligation to make future payments that is due.  payments shall be deemed made when received by plaintiffs counsel.

IV.

Full Payment of Stipulated Judgement

Full payment is conditioned upon payment and completion of all above payments until stipulated amount is satisfied in full.  this includes all payments of principal, interest, and returned check fees.  Upon completion, the court should consider the matter closed.

V.  Defalt in Repayment terms and Amount of Judgement

In the event defendant dail to make any payment pursuant to this agreemnet, Plaintiffs counsel will provide written notification of defendants failure to make its payment per terms of this agreement via US mail to terren 2000 (address).  Plaintiff shall give defendant 5 days to cure any such default in payments.  in the event defendant fails to make payment by the due date inclusive of the time to cure, and upon declaration of Plaintiffs attorney regarding said default, the court shall enter a judgement pursuant to CCP 664.6 in favor of Plaintiss and against defendant in the following amounts......

VI  Stay on Entry Judgement

Entry of judgement shall be stayed and no judgement shall be entered providied that said defendant properly make all payments in the manner herein provided.

VII.  Waiver of Right to Trial or Further Contst

Defendant understands that in signing this document they agree they we the money indicated herein and they are waiving:

a.  notice of any further proceedings necessary for entry of judgement.  In addition, plaintiff shall be entitled to immediate execution of said judgement, without further notice to defaulting Defendant.

b.  their right to tiral or further contest.

c.  their right to contest service or juriduiction

VIII.  Release

Each aprty hereby releases and forever discharges each other and their respective predecessors, successors, partners, assigns, employees, shareholders, owners, officers, directors, agents, attorneys, subsidiaries, divisions, and affiliates, (joinly refered to as released parties), from any and all claims, demands, causes of action, obligations, damages, attorneys fees, costs, and liabilities, of any nature whatsoever, whether or not known, suspected or asserted, which either party may ahve or claim to have against the Released parties relating in any matter to the above mentioned account,a dn hereby covenants not to assert claims through a lawsuit, an administrative proceedings or otherwise.  Thsi release includes, but is not limited to, claims arising under federal, state or local laws.  Each party waives all rights under section 1542 of the civil code of Cali.

"A genreral release does not extend to claims which the creditor does not know or suspect to exist in his favor, at times of execiuting the release, which if known by him must materially affected his settlement with the debtor"

[terren2000]

I was thinking based on what i read, they was gonna drop the judgement and if I dont meet the stipulation, theyll take out another one against me?