I went to magistrate court recently for a hearing on a small debt of about $2200. I wasn’t really sure what to expect, having never been to court myself. When I got there a lawyer was handling a handful of cases on behalf of lender plaintiffs, such as the bank who had filed civil action against me. When it came my turn, the lawyer took me out of the courtroom into the hallway to talk 1-on-1. I had already filed a written statement agreeing to the debt.
He offered me two options: (1) I pay half the full amount within 30 days and he would have the case dismissed, or (2) we work a monthly payment plan toward the full amount. I chose the first option, and he pulled out his phone, calculated a number and wrote it down on a piece of paper. It was about $1187.
We walked back into the courtroom and he said “30 days” as we walked up to the judge. At that point, the judge scheduled a new court date one month later. The three of us signed a form for a reset of court date. I was told if I paid the amount before then, I wouldn’t have to show up to court again.
The next week, I called his law firm, Brock & Scott, to pay the amount and be done with it. I was told by an operator that my balance was $2200-something, the original full amount. I told the operator that the deal we worked out in court was the I pay half: $1187. She said she would have to check on that and "get approval". Apparently there was no communication of this agreed settlement. After waiting on hold and answering some basic questions, she then came back with an offer (again, like my court appearance didn’t even happen) of about $1800. I said that’s not what your lawyer and I agreed to. I still have the piece of B&S letterhead where he jotted down the $1187 figure. But apparently the payments operator had no approval for that.
I guess I shouldn’t be surprised, seeing as I was dealing with a lawyer representing my opposition. What I am debating now is whether to go back to court in a couple weeks and try again, or to just pay the $1800 figure. I’m not certain whether there will be a penalty for not paying, but I don’t think there will be as long as I show up to court.
What should I do in order to get the lowest settlement amount? I did not previously expect to get an offer to pay only 50 percent, but I also didn’t expect them to not follow through on what they agreed to. I realized only later that nowhere on the court form signed by the judge did it state the amount - it was only a reschedule with a comment “needs time for payment". Maybe if I had requested the settlement amount be entered into the record, or written on the court form signed by the judge, I possibly could have held B&S to that. I assume that the firm normally expects people to just pay a higher amount than they have to out of ignorance/fear.
Should I go back to court? How can I ensure B&S holds up their end of the deal?
He offered me two options: (1) I pay half the full amount within 30 days and he would have the case dismissed, or (2) we work a monthly payment plan toward the full amount. I chose the first option, and he pulled out his phone, calculated a number and wrote it down on a piece of paper. It was about $1187.
We walked back into the courtroom and he said “30 days” as we walked up to the judge. At that point, the judge scheduled a new court date one month later. The three of us signed a form for a reset of court date. I was told if I paid the amount before then, I wouldn’t have to show up to court again.
The next week, I called his law firm, Brock & Scott, to pay the amount and be done with it. I was told by an operator that my balance was $2200-something, the original full amount. I told the operator that the deal we worked out in court was the I pay half: $1187. She said she would have to check on that and "get approval". Apparently there was no communication of this agreed settlement. After waiting on hold and answering some basic questions, she then came back with an offer (again, like my court appearance didn’t even happen) of about $1800. I said that’s not what your lawyer and I agreed to. I still have the piece of B&S letterhead where he jotted down the $1187 figure. But apparently the payments operator had no approval for that.
I guess I shouldn’t be surprised, seeing as I was dealing with a lawyer representing my opposition. What I am debating now is whether to go back to court in a couple weeks and try again, or to just pay the $1800 figure. I’m not certain whether there will be a penalty for not paying, but I don’t think there will be as long as I show up to court.
What should I do in order to get the lowest settlement amount? I did not previously expect to get an offer to pay only 50 percent, but I also didn’t expect them to not follow through on what they agreed to. I realized only later that nowhere on the court form signed by the judge did it state the amount - it was only a reschedule with a comment “needs time for payment". Maybe if I had requested the settlement amount be entered into the record, or written on the court form signed by the judge, I possibly could have held B&S to that. I assume that the firm normally expects people to just pay a higher amount than they have to out of ignorance/fear.
Should I go back to court? How can I ensure B&S holds up their end of the deal?