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What is the reason a collections attorney would ask a person

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What is the reason a collections attorney would ask a person to "Execute the enclosed Agreement for Judgement"? Circumstances: a Motion for reconsideration filed by the debtor, plantiff request date change. Plantiff asked to discuss case/settlement/payment plan, without assessment hearing (judgement for liability , without $ amount) and before Motion to Reconsider (filed by defendant) was heard. On day of Motion hearing - court clerk had made an error - both plantiff's attorney and defendant were present. Defendant spoke with plantiff's attorney, at attorney's invitation and agreed to repay, no liens, no formal assessment, and a "settled" amount with the understanding that as long as he agreed to payment plan, and was on time, Plantiff would not object to a Motion to vacate, once debt satisfied. A week or so after meeting, Plantiff's attorney sends paperwork requesting the terms (agreed upon), but also adds a separate page that is a legal "Agreement of Judgement" to be signed by defendant, and filed with the court. This was not discussed or agreed upon in the meeting. He was planning to make first payment and send back the cover page agreement, without signing the "Agreement for Judgement" page. What problem/setback could this cause?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. An Agreement for Judgment being entered against you would mean you agree that you owe the amount stated and would give the creditor a judgment against you - which then allows them to garnish your assets to collect that judgment. What you'd really be signing here is an admission that you owe that debt. If this wasn't part of your agreement, you should not sign it - it is not the equivalent of a payment plan. If they were to say they'd dismiss the case without prejudice and hold the signed judgment in escrow pending all the payments being made - this would be more like a payment plan.

But, in any event, an Agreement for Judgment is the equivalent of admitting you owe the amount stated on that and gives the creditor the right to immediately collect the entire sum; not a payment plan.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 1 year ago.

Thank you for responding. It looks like doing the right thing is to just request that they return a revised cover agreement that asks him to sign the agreement, which is not to be filed with the court, but held in escrow, should payments be missed. Correct? Also -The case was filed in August 2012 - they have refused payments unless judgement occur. The plantiff's attorney states that the clock is running out, and they have to push for final resolution (even though they already have a judgement), by August 2013, or the court (state: Mass) will require them to drop the case. is this true?

Expert:  John replied 1 year ago.
Hi, thanks for your reply questions. I'll answer them as follows:

It looks like doing the right thing is to just request that they return a revised cover agreement that asks him to sign the agreement, which is not to be filed with the court, but held in escrow, should payments be missed. Correct? -- Yes that is correct.

Also -The case was filed in August 2012 - they have refused payments unless judgment occur. The plaintiff's attorney states that the clock is running out, and they have to push for final resolution (even though they already have a judgment), by August 2013, or the court (state: Mass) will require them to drop the case. is this true? -- That could be true. Courts are not allowed to keep cases active on their dockets for very long. But if they already have a judgment - that is a final resolution. Thus, it does not make sense that there would be some requirement to do something more unless there are motions pending (etc) regarding that judgment - in which case the court will want to get those motions heard before that time line.
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