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Is there a difference: Judgement vs. Stipulated Judgement?

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What is the name of your state? Arizona

Okay... Citibank sued for the CC debt, I discussed this on the forums late in June.

I worked out payment arrangements with the attorney (who honestly is not sleezy, but very cautious whenever I talk to her - in addition to any paper trails. I believe she knows that *I* know what she can and cannot do).

Here is the problem. Originally she entered a "Default Judgement" - even though the paperwork we signed was for a Judgement by Stipulation and/or Stipulated Judgement. I refused to sign the court papers that said Default on them.

So, in their hands, they have a signed copy from my for a Judgement by Stipulation, wherein, I need to pay them 268.75 for the next two years. I'm actually paying 300.00 per month, as I had told her, I would be able to at times, because I wanted to get it paid off.

Now.. the JUDGE signed the DEFAULT Judgement - SOMEHOW, I do not know.

I am in receipt from the Attorney's office a letter to the Clerk of the Court, North Valley Justice Court, dated July 26th, 2004.

It specifically states:

REMARKS: The judgment was entered in error. Please pull/remove the Judgment and enter the Stipulation for Judgment and Judgment by Stipulation and returned conformed copies via Trackdown.

When I sent in my Aug. Payment, I requested my copy of the Stipulated Judgment signed by the Magistrate in August, citing the attorney's letter to the court. The attorney called me and said she did not have it yet.

Now, it is time for my Sept. payment, and I STILL do not have a copy of the Judgment by Stipulation.

And, I'm starting to get pissed... I did NOT default with the courts instead entered into the payment arrangements - AND, I have it in writing with the attorney for Citibank.

Questions:

1. What, if any, is the difference? I understand both are blackmarks on CR's - our's is shot anyway.

2. Since I still have not received MY copies of this - would I be in danger of them trying to garnish my husband's pay - IF, I send a "I'm getting a little bit pissed off now at you" type of letter along with my Sept. payment?

Believe me, I know how to write bitch letters... I'm ready to look for an attorney who might be interested in suing another attorney who isn't abiding by our original signed contract.

Oh.. and every time I have a phone conversation with this attorney now - I fax her a "confirmation of telephone conversation".... :D

Or.. am I as my dad would say.. "up sh** creek without a paddle"?

Thanks!

KH
 



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