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06-01-2007, 12:56 AM
| | Junior Member | | Join Date: Apr 2006 Location: colorado
Posts: 12
| | | no signature on legal document.
What is the name of your state?
Colorado
a few months ago i was served court documents in person to attend court for a delinquent credit card a couple years back. i went to court and setteled out a monthly payment plan. the law firms attorney that took me to court, forgot to have me sign any pape work, or legal documents. keep in mind, i did NOT sign ANYTHING in court. all i got back from that court apperance was a carbon copy of the settlement. since the settlement, i have made payments on time. about a month later i get a phone call from the same lawyer asking me if i could sign that carbon copy and fax it to her. i dident even realize this till she mentioned it. since i didnt sign anything, what are my options? im i legaly binded in any way? can they take me back to court for anything? thx in advance for any info. |
06-01-2007, 10:31 AM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,575
| | Quote:
Originally Posted by laybac  What is the name of your state?
Colorado
a few months ago i was served court documents in person to attend court for a delinquent credit card a couple years back. i went to court and setteled out a monthly payment plan. the law firms attorney that took me to court, forgot to have me sign any pape work, or legal documents. keep in mind, i did NOT sign ANYTHING in court. all i got back from that court apperance was a carbon copy of the settlement. since the settlement, i have made payments on time. about a month later i get a phone call from the same lawyer asking me if i could sign that carbon copy and fax it to her. i dident even realize this till she mentioned it. since i didnt sign anything, what are my options? im i legaly binded in any way? can they take me back to court for anything? thx in advance for any info. | Just because there may not be a binding written contract doesn't mean a verbal contact doesn't exist. (Not to mention there is something called "equitable relief" which would also be used against you were you to now try to claim that there was no settlement).
In other words, stop trying to be be sneaky and do as they ask, or else it will likely cost you a lot more in the long run.
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | |
06-01-2007, 11:51 AM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,066
| | | Don't be surprised if the lawyer went ahead and got a default judgment against you. Quit making the agreed upon payments and suddenly you may find your wages garnished or a levy against your bank account. It is common for obtain the judgment even if there is an agreement, it makes collecting much easier if the debtor decides to not comply with the agreement.
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06-01-2007, 02:31 PM
| | Junior Member | | Join Date: Apr 2006 Location: colorado
Posts: 12
| | Quote:
Originally Posted by You Are Guilty Just because there may not be a binding written contract doesn't mean a verbal contact doesn't exist. (Not to mention there is something called "equitable relief" which would also be used against you were you to now try to claim that there was no settlement).
In other words, stop trying to be be sneaky and do as they ask, or else it will likely cost you a lot more in the long run. | who said i was trying to be sneaky? where did you come up with that? im not trying to get out of anything here. im in compliance. i was just wondering what might happen since i didnt sign anything. |
06-01-2007, 02:34 PM
| | Junior Member | | Join Date: Apr 2006 Location: colorado
Posts: 12
| | Quote:
Originally Posted by racer72 Don't be surprised if the lawyer went ahead and got a default judgment against you. Quit making the agreed upon payments and suddenly you may find your wages garnished or a levy against your bank account. It is common for obtain the judgment even if there is an agreement, it makes collecting much easier if the debtor decides to not comply with the agreement. | the lawyer and i talk quite oftin, she is a nice woman. as i said in the above post i was just wondering what might happen since i didnt sign anything. i just wanted free advice outside the"circle". but thx. |
06-01-2007, 03:56 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,575
| | Quote:
Originally Posted by laybac who said i was trying to be sneaky? where did you come up with that? im not trying to get out of anything here. im in compliance. i was just wondering what might happen since i didnt sign anything. | Well, you reached an agreement with the other party, both sides complied with it, and when a potential loophole arose, you questioned whether you could take advantage of it. I call that "sneaky". The problem is, however, that the opposing counsel would likely take it the same way, and they're the one who can really screw you over were they of the mind to. I, on the other hand, just post messages on the internet 
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | |
06-01-2007, 08:42 PM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 13,786
| | Quote: |
since i didnt sign anything, what are my options? im i legaly binded in any way? can they take me back to court for anything?
| 1 ) Options ? Sign and return it , or wait for them to obtain a default Judgment , and payment method will no longer exist . They will take other collection measures described .
2 )You will be binded in one way or another , which would you prefer ?
3 ) Yes the can Petition the Court for a Judgment .
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