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NEED HELP ASAP - Debt Settlement and Agreed Judgment

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NEED HELP ASAP - Debt Settlement and Agreed Judgment

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?

Message 1 of 4
3 REPLIES 3
Moderator

Re: NEED HELP ASAP - Debt Settlement and Agreed Judgment


@Cred1tRebu1lder 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 Smiley Happy

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- Rhonda Byrne

Message 2 of 4
New Visitor

Re: NEED HELP ASAP - Debt Settlement and Agreed Judgment


@gdale6 wrote:

@Cred1tRebu1lder 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 Smiley Happy


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......

Message 3 of 4
New Contributor

Re: NEED HELP ASAP - Debt Settlement and Agreed Judgment

good luck to you
I've been sued several times although it's mostly just an inconvenience and blow to my ego. I had one atty for capital one that was so aggravated I showed up and she had to do her job. They love people just not showing or responding and they get their default judgment.
My spouse is in the same situation and never gets sued. I wish i understood why i am on their radar. anyway good luck!
BK7 Discharged 8/2013, baddies after discharge. Rebuilding credit again after separation. Finances aren't my issue relationships are! Mortgage processor 17 years.

TU 455 > 504
Exp 479 > 538
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