Consequences of not signing Stipulated Judgment

[dgifta]

This is a follow up to my previous question of 2/23.

To quickly summarize.I've worked out a payment plan with a collection
agency/law firm.
I've made the payments as agreed.They were supposed to send me a payment
plan to sign and return. Instead, they sent me a Stipulated Judgment.I believe it's
not in my best legal interests to sign it. They wrote that if I don't sign it they
will take legal action.

I'm wondering what any of you think is likely to happen?

Would they take legal action even though I'm making the payments?

If they do, what would the process likely be?

Does it matter that they didn't tell me that they were going to send the Stip. Judg. when I originally agreed to the plan?

In addition, is it a violation of the F.D.C.P.A. for them to threaten to take "legal
action " if I don't sign the Stip. Judg.?

Also, with the Stip. Judg. they sent me a blank copy of a summons to Superior
Court". I think they were trying to intimidate me. Is this a violation of the F.D.C.P.A.?

I'm simply trying to delay their getting a judgment against me until I can save
enough to file for BK.I met with an attorney last Fri. and I will need to pay her
another $700 before she will file. Also, I need to get current with my mortgage.I
am 1 month behind.So, I will need another $2300+ before I can move ahead
with my Bk.

Thank you for your kind help

Dennis

[lillymarlene]

I don't know, but I think it takes a little while, before they would be able to get a judgement against you. However, if you get a summons for a pre-trial just go and possibly you can delay them, until you are able to file or about to file.

[shark66]

I'm simply trying to delay their getting a judgment against me until I can save
enough to file for BK.I met with an attorney last Fri. and I will need to pay her
another $700 before she will file. Also, I need to get current with my mortgage.I
am 1 month behind.So, I will need another $2300+ before I can move ahead
with my Bk.

Thank you for your kind help

Dennis

How much time do you need realistically speaking to get these funds?

If it's anything under three months you should be OK in my opinion.

Good luck.

[jacko]

You are throwing your cash away. Stop it.. You are filing anyways.

This is a follow up to my previous question of 2/23.

To quickly summarize.I've worked out a payment plan with a collection
agency/law firm.
I've made the payments as agreed.They were supposed to send me a payment
plan to sign and return. Instead, they sent me a Stipulated Judgment.I believe it's
not in my best legal interests to sign it. They wrote that if I don't sign it they
will take legal action.

I'm wondering what any of you think is likely to happen?

Would they take legal action even though I'm making the payments?

If they do, what would the process likely be?

Does it matter that they didn't tell me that they were going to send the Stip. Judg. when I originally agreed to the plan?

In addition, is it a violation of the F.D.C.P.A. for them to threaten to take "legal
action " if I don't sign the Stip. Judg.?

Also, with the Stip. Judg. they sent me a blank copy of a summons to Superior
Court". I think they were trying to intimidate me. Is this a violation of the F.D.C.P.A.?

I'm simply trying to delay their getting a judgment against me until I can save
enough to file for BK.I met with an attorney last Fri. and I will need to pay her
another $700 before she will file. Also, I need to get current with my mortgage.I
am 1 month behind.So, I will need another $2300+ before I can move ahead
with my Bk.

Thank you for your kind help

Dennis

[helpmeout]

You would probably come up with the money faster if you stopped paying the debt that is going to be discharged.

[catleg]

Yeah, I tend to agree you're pissing the money away, unless it is really a minimal amount (under 50/month).
I wouldn't send in the stipulated judgment. Have they already filed a complaint against you?
Usually by the time they go legal it's time to file BK.
I had about 10 cases in process against my wife and I when I filed.
I'm happy I generated about $1100 in court costs from these leeches to help the state with its budget deficit.

[dgifta]

Hi, thanks for your responses.

The problem I'm having is it may be awhile before I have the money to file BK.
I need to pay the lawyer another $700 before she will file. I also need to come up with approx $1600 in
mortgage payments that I'm in arrears( 1 month) or the bank could foreclose on my house while the BK is in process.

I'm trying to delay the Lawyer/ C.A. from getting a judgment against me until I can come up with the
above $2300.My big concern is that if the lawyer gets a judgment, and garnishes my bank account
of the little money I have in it, then any money I have been saving to pay for the BK and month of mortgage
payments I'm in arrears will be taken. Then I'll be even further from filing from BK. So, for now, I'm paying
$100 a month to this attorney in order to lessen the chances that he will sue me.

My question is whether he will likely take legal action if I don't sign the Stip. Judg. ? Will he be satisfied to simply
be getting the money every week? That's what I'm hoping, just to delay his taking legal action, and thereby
protect myself from bank garnishment, until I can Bk.

I'd love to hear from anyone on this forum who has declined to sign a Stip. Judg., and what happened.

Also, does anyone know if I can request that the account be sent back to the original creditor, Chase?
If I request that, does the lawyer/ C.A. have to comply with that request?

Thanks for your time and thoughts.

Dennis

[shark66]

Why are you keeping any money in the bank to begin with?

My question still stands: how much time do you need to put away the aforementioned $2300?

My wife refused to sign a similar piece of trash. They went to court and won, but haven't been able to collect anything, since she's collection proof. Took about four months from the point where she told the creditor's attorney to ---- off and die in pain (literally), to them actually getting a judgment. We haven't fought it whatsoever, BTW.

At this point you're burning $100 a month, but that's your money to burn...I hope you're paying them with money orders, and not personal checks...

And once you hit $600 paid to them it will be considered a "preferential payment" and that's not something you need in the BK...

Good luck.

[lillymarlene]

dgifta, BoA had a law firm (send a summons) by having the sheriff tape a summons to my front door probably for all the neighbors to view. This was March 2010. During the time from March to July, I received letters requesting information about my income and "interogatories." I did not answer anything. Then, I had to attend a "pre-trial" in July. I told the judge that I didn't know how to answer some of the questions. The case was continued to November 2010. By August I retained an attorney and filed bk by the end of October.

So, I would say most likely you have a little time. I agree with some other people here, I wouldn't send them anything and maybe you can delay them. (Certainly don't sign anything.)

Good luck.

[dgifta]

Hi Shark, thank you for your reply.

I have no idea how long it will take me to save the money for BK. I'm self employed, it could take a few months, it could take
much longer. That's why I'm trying to buy some time, I don't know how long it could take.

I'm currently trying to sell some assets, Unfortunately I have very little that's worth anything.'
I don't have a car, I don't have jewelry. I'm trying to sell my guitar ( a Martin D-1) and my bike ( Bianchi Volpe). Anyone looking for either of those two items?

Thanks for the information regarding the $600.

This is all very new to me. I feel totally lost most of the time. I'm having trouble sleeping, I'm angry and irritable a lot, and honestly, I feel like
crying some times. This feels so different than anything I've ever done.

I guess I do need to get my money out of the bank. I've been paying the lawyer with money orders, do he probably doesn't have
my bank account info.I also opened a new account and transfered most of the little I have into it. I know once he gets a judgment he'll be able to get that
account number too.

Dennis