Consent Judgment Entry...Help!

[Anonymous]

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.

[starry1]

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.

[Anonymous]

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@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.

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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.

[Shogun]

+1

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?

[RobertEG]

+1

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.

[Anonymous]

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.

[Shogun]

Good work!