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Still get judgment if follow agreements?

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sohnaf

Junior Member
What is the name of your state? Ohio

If the debtor has an installment agreement with the creditor that is signed and nortorized by both parties, the debtor follows that agreements excatly, can the creditor still attempt to get judgment against the debtor later on? If the creditor does decide to get a jugement against the debtor, can the debtor show the agreement to the judge as well as proof that he followed the agreements in order to prevent a ruling against his favor?
 


seniorjudge

Senior Member
Q: If the debtor has an installment agreement with the creditor that is signed and nortorized by both parties, the debtor follows that agreements excatly, can the creditor still attempt to get judgment against the debtor later on?

A: Yes, unless the written agreement said otherwise (which it never will).


Q: If the creditor does decide to get a jugement against the debtor, can the debtor show the agreement to the judge as well as proof that he followed the agreements in order to prevent a ruling against his favor?

A: Yes, but it will do no good.



You have to remember that when you make this agreement, you are in default and owe the whole amount. All the agreement is is an attempt to settle, nothing more.
 

Ladynred

Senior Member
If you have a valid, signed agreement, signed by a person with the authority to make such an agreement, AND you have made every single payment EXACTLY as outlined in the agreement, then I'd think that they are then in breach of the agreement. A lot depends on exactly what that agreement says.
 

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