Hi everyone, this is a follow-up from an older thread titled "Motion for Judgement on the Pleadings" You can check it out if you need the backstory.
I negotiated with the CA through their attorneys and we reached a settlement offer of $800 and a paid in full status. The principal on the account was $1400+ and $1900+ with intrest/fees/etc... so go me! I was very happy with how I was able to settle this account on my own(and with all your help too!) I also told them that I would send payment as soon as I received written confirmation of our agreement.
Today in the mail I received the written confirmation, but I also received a seperate letter saying the following:
"This letter serves as formal written notice that a judgement has been entered on the above referenced matter. Pursuant to ARS 12-1598.03 demand is hereby made to pay the balance of the judgement within 10 days from date of this letter."
It goes on to talk about arranging to pay 25% of my net income each pay period or garnishment will be pursued, etc...etc....
The judgement letter is dated for July 1 and my settlement letter for the 2nd, though both letters were sent on the second.
I haven't received any judgement papers from the court so I don't know what to think about that, but if judgement has indeed been entered in the CA's favor, will my settlement agreement reverse the judgement?
If you need more info on the matter please let me know. Thanks in advance everyone.
Guest
I hate to tell you you fell into the attorney trap of asking someone outside or before court if they want to settle an acount. They tell you that they will settle for less, but they fail to mention that they are also going to give the courts a judgement against you. This is done to help make sure they can collect on you. You can if you have time attempt to file an appeal if your court will allow it. In the future never speak with an attorney without one or before you speak with a judge. You can alway tell the attorney for the otherside, that you will ask for a continues, then settle your case; this ensures no judgement will be brought against you. This is a tactic used by many attorneys, it makes it easy to file in their favor. Sorry and good luck.
So here's the current deal with my situation.
Judgement was indeed entered against me in the courts. But through the negotiation process I was going through and reached with them, the lump sum settlement of $800 will SATISFY THE JUDGEMENT!
I have it in writing that once they receive payment they will notifiy the court that the judgement has been satisfied and this headache will finally be over!