How long before a judgment is filed?

[KimbraGrace]

What is the name of your state (only U.S. law)? Michigan


Hi, Everyone.

I am in default on a loan that I took out some years ago. It's not a big loan, more like $524.

I made an agreement with the creditor to pay off the debt. I made the first big payment of $100 last month.

I made a payment of $31 this month. The agreement is to pay $100 a month but I just did not have it this month.

I'm making little payments here and there with the money that I do have but there is no way that I can give the creditor $100 this month.

I still have to do little things like pay other bills and rent and buy food and um...survive.

The amount of money that I owe at this moment is $384.26. I am planning to scrummage up $100 next month but this month is a no go.

Since I was not about to make the agreed upon payment this month, how long before this creditor can file a judgment against me?

My greatest dream is to finally pay this creditor off because they are getting on my last nerves. I can barely buy food now because most of my money

goes to the stupid creditor. I could try asking for a settlement offer but I just know that the creditors will laugh at that.

 

[Zigner]

Send in what you can with a note explaining why you are short.

 

[latigo]

"How long before a judgment can be filed"? Can't say without knowing more.

If the agreement to defer payment was made after the creditor filed suit against you and the agreement was in the form of a stipulation for a judgment in the event you did not abide the agreement, then it could be just a matter of days before the creditor files the necessary verifying affidavit and submits a proposed judgment for the judge's signature. Generally those stipulations do not require the creditor to give further notice to the debtor.

If not the above, then the creditor would need to initiate a legal claim (likely in small claims court) serve process upon you, appear at a time set for trial, etc., etc. - meaning weeks or perhaps months.

But why don't you renegotiate offering a monthly payment that you can live with? After all the creditor must realize that bird in hand is better than one he would have to catch by attempting to satisfy a judgment. Were not talking the national debt here.

Good luck.