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Renegotiating with Xxxx is it possible?

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Hi Qunicy, I'm sorry I'm not up on legal jargon, we avoided court in 2017 by me agreeing to $120 month payments which I think the court approved w/o me attending, so I assume that wasnt a judgement? Is a judgement when I reneg on agreement? Then the law firm can start garnishments?
 


PayrollHRGuy

Senior Member
A judgment is something that a court orders. Once a court has ordered that you owe $X the law firm can take whatever collections actions allowed in your state.
 

Zigner

Senior Member, Non-Attorney
Hi Qunicy, I'm sorry I'm not up on legal jargon, we avoided court in 2017 by me agreeing to $120 month payments which I think the court approved w/o me attending, so I assume that wasnt a judgement? Is a judgement when I reneg on agreement? Then the law firm can start garnishments?
What you signed was a stipulated judgment. Basically, you agree to make certain payments and they agree not to file the judgment. Once you miss a payment, they file the judgment with the court.
 
A judgment is something that a court orders. Once a court has ordered that you owe $X the law firm can take whatever collections actions allowed in your state.
well then I guess no judgement against me then, would the judge grant me a continuance? In my citibank credit card terms does is specifically state that I'm responsible for court costs? If so can I request to see these terms?
 

Zigner

Senior Member, Non-Attorney
If you signed a stipulated judgment agreement, as I suspect you did, then there's nothing for you to argue in court.
 
You will know when you ask. The worse thing they can do is say, no.
So to change the terms of agreement it has to be done via judge and the courts? I mean cant we do this internally as in the law firm and me? I suppose they want to make it 100% legal dont they.....
 

PayrollHRGuy

Senior Member
So to change the terms of agreement it has to be done via judge and the courts? I mean cant we do this internally as in the law firm and me? I suppose they want to make it 100% legal dont they.....
That is not at all what I wrote.

The law firm can accept your offer to have a payment plan or not it is up to them. The judge will likely rule that you owe them and issue a judgment for the entire amount. It would be rare for a judge to order a payment plan.
 

quincy

Senior Member
I'm pretty sure I did, really all I want is a 2nd chance to get put on payment plan, is that even feasible? Or will they just slam the door in my face?
You can try your best to negotiate another payment plan. If you can come to another agreement, the judge can sign off on it.

It is really up to the creditor what to do with your debt.
 
I'm going to call the XX firm again and ask to speak to a supervisor, when I called yesterday the rep who was supposed to put me thru to a super, came back on the line after a few minutes and claimed to talk to a super and offered to lower my payments to 81.00 but still has to show up in court....or did she really talk to a super? was she just trained to say this? I really need to speak directly to a supervisor dont i?
 

PayrollHRGuy

Senior Member
They may well have gotten to the point that they are going to require you in court so they can have a judgment that they can act on if you fail to make payments as promised.
 
They may well have gotten to the point that they are going to require you in court so they can have a judgment that they can act on if you fail to make payments as promised.
Yes agreed, its like their back up plan, does the representing lawyer have any say in what creditor will allow? On online attorney kind of hinted that since one lawyer represents all the creditors, he/she may pull each one aside and try and work terms....or is this a pipe dream??
 

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