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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111683
Experience:  Attorney experienced in commercial litigation.
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Customer Question

Hello Lady Lawyer
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I have a tuition debt of 10K in NY in 2003 then plaintiff atty filed a judgement in 2010. I can't remember if i was served at my current address at the time. I live in another state and have not made it down to get a copy of the judgement at the county
clerks office. Now, The plaintiffs atty has agreed to vacate the judgement and accept my settlement offer of 6,200. Now, this was after I begged and pleaded and made mentioned that i MAY have been improperly served and the debt is over 13 years. The plaintiff
atty agreed to draw up a stipulation to vacate after payment, pay a certificate of disposition and they want my current address. I don't trust the plaintiff atty as they were shady through the whole collection process. Is there a loophole they are pulling
on me? In NY, after I make payment and sign stipulation agmt. What happens next? Also, i know it all depends on the judge ruling which brings me to my next question. I know judges just don't vacate judges to be nice or because it was paid. Should I get an
attorney to fight my case incase i was not improperly served.? Thank you
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they are agreeing to dismiss the judgment and submit it as satisfied in agreement for you paying the agreed settlement amount, they need to give you that in writing.

As long as they give it to you in writing you can enforce the agreement against them and there is nothing shady they can pull.

As far as arguing improper service, you have no idea or recollection (as you said above) about service and it is now too long after this judgment to challenge on improper service since you have known of this for at least 5 years (you had 1 year from learning of the judgment to challenge it on service grounds).

So if the creditor is willing to settle, they need to put the agreement in writing and if they do then you can enforce it.

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