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
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
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