request for admissions and stipulation of settlement in lieu

Submitted by question on Mon, 09/21/2009 - 15:21
Forums
Credit repair

what is request for admissions and stipulation of settlement in lieu of judgement. i received a packet that has both; the interogation questions and a choice to settle. do i have to send the interogation questions if i choose the settlement agreement. do i send anything to the court so i wont be in default when i miss the court date? will the CA's lawyer dismiss the motion? thanks

Justin

Hi,

A stipulation of settlement basically means that you accept the debt referred to be yours and that the court can award a judgment on that. A request for admissions is a set of questions wherein you can either deny or accept the charges brought against you. This is done to make the trial process short and precise. I think you can fill out the questionnaire if you wish to go for the settlement. After all you can think of settling the debt only after you accept that you owe it.

Why will you miss the court date? I am afraid you will have to suffer a default judgment if you miss the court date. The CA's lawyer can withdraw the motion only when you and the CA reach a settlement agreement. Hence, try to settle the debt outside court.

Given all this, I would request you to consult a lawyer as it might be difficult for you to go through the entire process alone.

Tue, 09/22/2009 - 07:09 Permalink
question

justin thanks for the response.
i am willing to settle the debt outside of court; that's why i want to send the settlement agreement with the payment; the settlement agreement does states that Upon the receipt of the payment, all motions and actions against me will be filed for dismissal. does that mean that the court date scheduled will be cancelled and dismissed?
thanks

Tue, 09/22/2009 - 13:19 Permalink