Attorney wants me to sign a Motion of Judgement agreement

Submitted by mysticdancer28 on Wed, 09/15/2010 - 03:28
Forums

I recently recieved a request for a response from a collection attorney through the civil court. I have been paying this collection company through Care One Credit for some time and I filed my timely response to request a hearing. The attorney spoke to Care One Credit and told them the judgement had already been filed against me and that they would not file wage garnishements if I agreed to continue my payments and pay their attorney fees. However, when the attorney sent me documents, he has requested that I sign in agreement for the Motion for Judgement against me. It did not go through the actual court and basically they want me to sign as guilty then send it to the judge. Is this normal practice?

Hi mysticdancer,

Welcome to this community.

You have said that a judgment has already been filed. Now, what I don't understand is how "Motion for judgment" comes in, in this situation.

Can you please be more clear on this?

Thanks,

Aaron

Wed, 09/15/2010 - 10:20 Permalink

Cinnamngrl, what I really don't understand about this is that how can the "Motion for judgment" order come in where there's already been a judgment. Am i missing something?

Aaron

Tue, 09/21/2010 - 09:53 Permalink

to generalize (and so to be vague and possibly not right)

actions/decisions in court start out as motions.

Properly, they are submitted in writing.
preferably they are agreed upon beforehand.

the judge will come on the bench and unless an agreed upon motion is bizarre and far outside the law, it will signed off on

if one side does not agree to the motion, they will submit an opposition in writing.

I think in this case, the plaintiff is running over the defendant and asking them to agree to allowing the judgment. the defendant has other options. they can oppose this. for instance, there is no mention of any discovery being filed

Wed, 09/22/2010 - 13:45 Permalink