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A Default Final Judgment was filed against me in civil court

 
JD 1992's Avatar
  • Answered by:JD 1992
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in Consumer Protection Law

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Customer Question

A Default Final Judgment was filed against me in civil court (Florida) last year for an unpaid retail credit card ($3180 plus $335 for costs). No other actions have been taken by the plaintiff to satisfy the judgment since then. I'm not employed but will be receiving a monetary gift soon. I'd like to either work out a payment plan with the plaintiff's attorneys to satisfy the judgment or possibly offer to pay in full if they accept a lower settlement amount. How can I have the plaintiff guarantee that this judgment will be removed or satisfied in public records upon full payment?

Submitted: 276 days and 10 hours ago.
Category: Consumer Protection Law
Value: $30
Status: CLOSED
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Expert:  JD 1992 replied 276 days and 10 hours ago.

The best way to do it is to hire an attorney to draft an agreement. That way if they don't follow through you can file a lawsuit against them for breach of contract.


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We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

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Expert:  JD 1992 replied 276 days and 10 hours ago.

The feedback you left is a negative rating despite the fact that I answered your question both directly and correctly. Since the answer was direct and correct I am a little puzzled as to why it was rated negatively. Is there something additional I can provide?

Customer replied 276 days and 10 hours ago.

In reference to "drafting an agreement"....does this type of agreement have a name and is it something I can find online? Does it remove the judgment from public record or just say it is satisfied?

Accepted Answer

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Expert:  JD 1992 replied 276 days and 9 hours ago.

There is no specific name and I don't know of one online. You can probably get an agreement or a promissory note and make changes to it, but unless you have an attorney do it there is no guarantee that it will be enforceable.

Once you pay off the judgment then you can always file a complaint with the court to get the judgment marked as paid but you can't recover attorney's fees that way. By doing it as I suggest you may s[end $50-100 to have an attorney draft the agreement but then if they don't promptly remove the judgment you can file the suit and make them pay the costs of doing so.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.3 %
Accepts: 1829
Answered: 7/3/2012

Experience: Began practicing in 1992 and handled many cases and trials for consumers

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