Do I sign consent judgement?

[GoingDown]

I wouldn't sign anything!



Make them go through the expense and bother of getting a judgment. Then when you file BK that judgment becomes worthless to them.

[invitation]

Do I sign consent judgement?

A consent judgment is an agreement entered into by both parties at court.
If you don't rememember exactly what it is you agreed to, you need to go to the court and have them pull the jacket and give you a copy of the order.The pie lover is correct. This means that you two reached agreement without the judge, but the agreement has the same power as any other judgement even though the judge did not rule on it (does not ahve to since you agree).

[Reese]

I think my ignorance of the whole process is coming off as not being forthcoming. I am willing to share any information that may help you guys w/ advice, I just don't know what I'm doing. I did contact a lawyer today who advised me not to sign anything because he wants to see if the the people suing me actually bought my debt!? The lawyer says that if I pay him $750, he'll file an answer to the summons, etc, and get me out of the situation w/o a judgement on my record. Great....now where do I come up w/ $750!? Feel free to ask for any info that will help!

[AngelinaCatHub]

Want to point out where a "consented judgment" can not be vacated by a BK under the BK code? As you know, a reaffirmation agreement is something that is done within the BK court. Any agreements, judgments or contracts, with the exception of those that are specifically not dischargeable under the BK code can be discharged.

by "Bigboy2U above.

It is in the stipulation as we have this in our own bk. He is agreeing to make a Judgment that is not capable of being discharged. Of course it is all in the way a lawyer will word it as in all cases. You are correct that the OP is concerned more about this Judgment than bankruptcy. As to the little he has told, to us, it looks like he is a candidate for a 7 just on the car alone. If he wished to "Pay through" on the credit card that would be different. He would not have to sign anything. No Judgment is good but a consent Judgment is hard to get broken as the consent Judgment is an agreement between both parties, to negate a trial and the Judge then orders the Judgment under the terms of the document.

So I guess as little as we know about this OP, he needs to open up more to us.

Also, a preferential payment does not require a minimum amount. Yes of course they look for over $600, but you cannot pick and choose who to pay in 7 or 13. Even a reaffirmation has to be approved by the Court as an exception, and is certainly not dischargeable in the bk. However a ride through is. 'Hub

P.S. It is very dangerous to make any side agreements before filing as it could be construed as a constructive abuse. 'Hub

[AngelinaCat]

We were warned rather sternly by our attorney NOT to make any side deals with one creditor, or more, outside of the BK proceeding. Otherwise we would be in serious jeopardy of being dismissed.

Now the timeline for us would be between the date we filed and the date of eventual discharge. For you, not having filed yet, you could do it, but as others ahead of me have warned, I recommend STRONGLY that you NOT enter into any type of agreement with this creditor.

[treehugger1]

I guess I would be more concerned about owing 22K on a vehicle worth 6k. It sounds to me that the battle is completely uphill with no relief in the immediate future. In terms of preferential payments, $50 per month will not look like a preference. Just my humble opinion.

[dr618]

Oh, I know that op was talking about something else, I was just wondering if it can, in general.

[AngelinaCatHub]

Is bankruptcy able to get rid of this type of judgment, meaning a consented judgment if it's for credit card debt?

[dr618]

Is bankruptcy able to get rid of this type of judgment, meaning a consented judgment if it's for credit card debt?

[AngelinaCatHub]

If it were me in my state, I would not consent to anything. On the other hand, I would think that the $50 per month legal agreement would protect you from additional wage garnishment on this loan. Call then back and tell them you agree to the $50 per month payment, but are not willing to consent to a voluntary judgment.

[freshstartfl]

service isn't binding in FL on Sundays? I had no idea, and I'm a paralegal! lol. I don't work in the service department, though. Very interesting fact, hub... I'll remember that in case anyone tries to serve my fiancee on his old repo.

[AngelinaCatHub]

Another question is: It was only my name on the lawsuit. I got the car before I was married, but defaulted on the loan and had it repossessed after I was married. Can they go after any of my wife's property; bank accounts w/ her name on it, car w/ her as primary, etc?

[treehugger1]

If it were me in my state, I would not consent to anything. On the other hand, I would think that the $50 per month legal agreement would protect you from additional wage garnishment on this loan. Call then back and tell them you agree to the $50 per month payment, but are not willing to consent to a voluntary judgment.

[StartingOver08]

I'm in Michigan and was served on a Saturday. As for my intentions, I am not sure at this point. I do not want to have to find 50/mo, and quite frankly, I'm not sure if I can. I don't want a judgement, for obvious reasons, so I would like to be able to pay on the account w/o a judgement. One of my big questions is why would they enter into an agreement at 50/mo and almost 7% int, which would take over 300 years to repay? Are they planning on garnishing my pay in the future?

Yes. Once you have signed this consent judgment, you are bound by the agreement. The reason the attorney for the car company told you to sign the consent judgment is then he does not have to take you to trial - you already admitted to the debt and agreed to the judgment. From that point they can garnish wages, sieze accounts etc.

So, your instinct is right. DO NOT SIGN IT. Answer the summons - or file BK to discharge this and other debts. If you are filing BK, why pay this one?

[Reese]

Another question is: It was only my name on the lawsuit. I got the car before I was married, but defaulted on the loan and had it repossessed after I was married. Can they go after any of my wife's property; bank accounts w/ her name on it, car w/ her as primary, etc?