@Anonymous wrote:I was served a "Citation" regarding a "Petition on Open Account" in the 15th Judicial District Court in Lafayette Parish (Louisiana). Raush and Sturm is representing Portfolio Recovery Associates on behalf of Capital One. I called today and negotiated to pay 75% of what they said I owed in 8 payments beginning this Friday (I would pay bi-weekly). However, they want me to sign an Agreed Judgment. I told them that I wanted a dismissal of the lawsuit. I do not feel comfortable signing this, but I also do not want them to get a Default Judgment once my 15 days are past (I was served March 11th). I thought and research more about this and wrote them via their website (offices were closed at this point) stating that I would pay 50% of the amount in one lump payment ($1500) this Friday in return for a dismissal and a letter stating account has been satisfied. I am waiting to hear back from them. I also plan to call the Clerk of Court to see if they have any input. Do you have any advice for me? Should I file an answer to buy myself more time?
I would file an answer to the summons this will at least forestall an immediate default judgment should they move for one. You might also be able to work out a deal on the agreed judgment that it would be dismissed upon your completion of the agreement if they dont accept your counter. Welcome to the board 
@gdale6 wrote:
@Anonymous wrote:I was served a "Citation" regarding a "Petition on Open Account" in the 15th Judicial District Court in Lafayette Parish (Louisiana). Raush and Sturm is representing Portfolio Recovery Associates on behalf of Capital One. I called today and negotiated to pay 75% of what they said I owed in 8 payments beginning this Friday (I would pay bi-weekly). However, they want me to sign an Agreed Judgment. I told them that I wanted a dismissal of the lawsuit. I do not feel comfortable signing this, but I also do not want them to get a Default Judgment once my 15 days are past (I was served March 11th). I thought and research more about this and wrote them via their website (offices were closed at this point) stating that I would pay 50% of the amount in one lump payment ($1500) this Friday in return for a dismissal and a letter stating account has been satisfied. I am waiting to hear back from them. I also plan to call the Clerk of Court to see if they have any input. Do you have any advice for me? Should I file an answer to buy myself more time?
I would file an answer to the summons this will at least forestall an immediate default judgment should they move for one. You might also be able to work out a deal on the agreed judgment that it would be dismissed upon your completion of the agreement if they dont accept your counter. Welcome to the board
Thank you! I managed to speak with an experienced attorney. I explained that the debt collector was not working with me on the timeframe I need for a lump sum, so he recommended I file a Motion for Extension of Time. He feels this also might make them more amenable to a lower payment. He commended me on my refusal to sign the Agreed Judgment. He also stated that I made a good choice in attempting to settle. I filled out the form he sent, and I am filing/mailing it tomorrow. We shall see how this pans out......