Questions

[mommyoftowboys]

What is the name of your state? I am currently in Louisiana however everything happened in Florida.


My first question is that about a judgement that I have against me.
Basically what I am needing to find out is how do I make sure I can get paid back "legally" from the other person on the judgement if I pay it all off so the judgement is removed?
We owe 3800, as a settlement amount. The original balance was 2,150. And it was myself as well as another girl on responsible to pay it.
She doesn't have a job right now but has agreed to help pay half of it.
What should I do so If she doesn't pay me back on her own, I have some kind of legal recourse against her.

My other question I have another debt in a collections office. This debt has been for a couple years, like many of them that are in there. I called to try and find out how to pay it off, and asked for a letter stating how much we have agreed to settle on. Which was 308. They refuse to send me out a letter with that information, as well as refuse to send me out any information at all regarding the debt. Saying they have exhausted all contact (and then of course tried to threaten). But the main thing is, I am wanting to pay this debt off, when I orginally called, they had an adress on file that was from like 6 years ago. I had given them my new address, they still hadn't contacted me.
I want the letter of how much I owe, and I'm pretty sure that I am entitled to one, what should I do?

 

[mommyoftowboys]

Is there any advice? at all?

I have continued to try and contact the other party and she will not respond to my emails. I do know where she lives, however, I don't know the exact apartment number, or the apartment complex, and she has no phone.
I really more so believe that she is just trying to avoid it, thinking I will go ahead and pay it all, without any penalty to her.
My big question is, if I do not get a contract, but the paperwork I am to recieve from the attorneys office, states that she is on it as well. Is it likely that if I take it to small claims court that they will place a judgement against her?
Or do I HAVE to have the contract signed by her. Or promissory note signed by her?

 

[draygnmage]

Get a promissory note signed, witnessed, and notarized stating how much she will owe you and the terms of repayment before you settle the account. That will give you legal recourse against her if she defaults to you.

On the second item, DO NOT PAY UNTIL YOU HAVE THAT SETTLEMENT AGREEMENT IN HAND. Offer to let them fax it to you (you can go to kinkos or office max if you don't own a fax machine). They don't want to mail it to you because that will take time. Tomorrow is End Of Month and every collector is pushing to hit goal, so they want your money today or tomorrow at latest.

 

[mommyoftowboys]

I am

The settlement agreement is on its way. They have given me thirty days to pay the 3800. Which gives me time to get the promissory note. My biggest problem is, she is not going to go sign the promissory note and have it notarized. Because she doesnt have a car. I would take her to do it, however, I live in Louisiana, she lives in Florida.
Is there anything, possibly by email that would work to hold up in small claims court?

 

[Debt Guy]

Is there anything, possibly by email that would work to hold up in small claims court?

Highly unlikely. Most courts will accept faxed signatures as originals. There is always FedEx.​

 

[Chien]

I agree with the advice you've received, and I invariably agree with Debt Guy, but I want an original signature on this. "Most" or "many" is not "all", and the reality is not "all". If it's an inconvenience for her or there's need for an inducement, give her a credit of $10-$15 to cover FedEx, DHL or UPS. In the meantime, get a fax as well (you'll have some evidence, even if not as solid), but make the effort to get an original.
It's going to bad enough, if you have to enforce by domesticating in another state. You wouldn't want your foundational evidence rejected as well. If she didn't pay and you ever had to sue, what do you think your chances of getting an original signature are then? Consider a credit the price of insurance.