Hi everyone, I could use your help. I realized a few weeks ago I was being sued by Capital One. I only knew this because I received in the mail that they failed to serve me. So I looked up in the court search, and sure enough, I was being sued. This has never happened to me, so I wasn't sure what to do. I called the court and there wasn't a court date or anything processed yet. I wanted to try to resolve this before it pursued any more, so I called the debt collection agency and set up a payment arrangement. I made my first payment. I received this letter in the mail that said "Pursuant to our agreement, enclosed is a Consent Judgment. Please review the Consent Judgement and sign on the lined indicated. Return all documents to this office in the envelope provided within ten days or prior to the hearing date set by the court...If you fail to sign and reutrn these papers within the timeframe specified, we may proceed with our legal remeedies even if payments are being made as agreed." The company did NOT explain or even mention anything about a judgement. They just said they could make a payment arrangement for me. I feel like I've been set up and I'm not sure what to do. I've read online to NOT sign this but I'm afraid they will be granted default judgement. Is this possible?
"...consents to the jurisdiction of this Court, and consents to the entry of a money judgment against him/her in favor of Capital One Bank plus court costs of this action".
Thank you in advance for your help.
I absolutely would NOT sign that!
You are signing a document that will enter a judgement against you and destroy your credit anyway. They try to say they won’t enter them as long as you pay and then change the terms of the repayment and enter it anyway. You’re much better making payments and getting in front of a judge and asking that they allow you to continue to make the payments instead of a judgement. As long as you’re paying the debts, most judges will agree with this and if they don’t, you end up with a judgement anyway but if you sign that paper, that’s it. Damage and consequences are all set down in paper without ever having the chance to get a more favorable outcome.
You can try to negotiate terms on it though - make sure you have it in there that the payment plan will remove any legal recourse as long as it is followed and that upon full payment, credit files will be cleared of the debt. Most wont give you either of those, however.
Thank you, Saeren. I'm so glad I came on here to ask for another opinion. I was going to sign the paper and send it to them, and realized I should look up exactly WHAT I was signing. I will not sign the paper because that is not what we agreed on. If I get a court date, I will explain to the judge I'm making payments and request a judgment not be put on me.
Is it possible that there could already be a judgement on me? I have never gone to court. When I search the court case, it looks like they tried to serve me, it says for 1/5/19: Affidavit of Service, 1/5/19: Supporting Documents, and 1/08/2019: Return of Service - Not Served. There are no papers served and there isn't a court date.
I was in court 3 or 4 years ago - unrelated landlord tennant issue.
While waiting I saw collection agencies do 2 things
1) Withdraw complaint because arrangements have been made
2) Obtain a default judgement if party didn't show
I would not sign it, they are bullying you.
Just make absolutely sure to find out if there is a court date and do not miss it no matter what.
If you go to court and the judge still grants the judgement you are no worse off but I cannot imagine a judge granting a judgement if you have made an arrangement and kept it.
Thank you SO much for your help. I figured they were just trying to scare me. I specifically asked the debt collector when making the arrangements if there would be anything reported on my credit against me for this, he said no. I asked if they were going to drop the court case when I started making payments, he said yes. He lied to me. On my file, it says that there was a court date pending 9/28/2018, but I was never served papers and it doesn't say the court date was official. I'm guessing they wanted proof that I received the summons but I never did. I am going to call the court office today to make sure if there's a court date or not and be sure not to miss it. Thank you again for your help! I've definitely learned my lesson. lol
Best of luck! They should withdraw their court case since you made arrangements to pay them, it’s not going to look good to the judge if you go in there with proof of making payments and they kept the case anyway and tried to get you to sign a consent judgement.
The debt collector has the right to request, as a condition for acceptance of a partial payment plan, that you first agree to a consent judgment.
However, you certainly have the right to decline to consent.
I would not advise consenting to a judgment. If they wish to obtain a judgment, it is their obligation to continue with their civil complaint.
If that is their legal position, then they can choose to continue with their civil action if they still seek a judgment.
They cannot force you to consent to a judgment, they can only decline to enter into a pre-trial settlement plan.
They will not be granted a default judgment based on your decline to enter into a pre-trial settlement.
If you have provided the required answer to their civil complaint, denying their asserted basis, then you are entitled to defend your denial at trial.
Thank you, Robert. This is really helpful. Some new information, I looked at my case online, and it now says for 1/23 that they submitted documents, "Certificate of Service". I'm thinking this is the same document they sent me about the consent of judgement? I am keeping my eye on the page in case they want to pursue with legal actions and I end up with a court date. I will not be signing that paper!