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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6845
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Can I get a consent judgment amended? The plaintiffs lawyer

Customer Question

Can I get a consent judgment amended? The plaintiffs lawyer called me into a room, 3 minutes before case started to discuss a settlement, which turned out to be consent judgment. I don't recall seeing Consent Judgment when I signed. After I signed, I was about to leave and told, the judge had to sign, it still did not click. I did not have a copy, as I sat in the courtroom waiting, otherwise I would not have followed through.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
The case was filed outside of my jurisdiction, DeKalb County Georgia in 2013 and was still open in July 2015 because I was not served. I was unaware, because I had long moved before the service was attempted. But I was told I had to answer, despite it. I included that I was not in that jurisdiction in my answer. The case was set, for a time inconvenient for me because of the distance. When I tried to reschedule, I was told I had to come in that day because another day would make it less than 7 days notice. I went to avoid a default judgment, but what I signed, seems just as bad. I wanted to avoid having to speak in open court, and was relieved at the "settlement" offer.
Expert:  Irwin Law replied 1 year ago.

If you didn't sign a consent judgment, what did you sign? Have you ever been given a copy of it? In what way do you wish to amend whatever it was.

Customer: replied 1 year ago.
I did sign the consent judgement, that's the problem. The lawyer called me in less than 5 minutes prior and discussed the proposed settlement. I signed it, not fully realizing that this was essentially the same as a default judgment. I spent about 2 mins with him, and did not have a copy in my possession during the period where the judge called the cases. I did not have a copy prior to that either. He claimed that it, and the proof the debt was mine, was sent via fed ex. I only noticed a fed ex package under my door mat two days after the trial date. It's still unopened. I want an ammedment to vacate the judgement. I would in turn pay the full balance of the settled amount.
Expert:  Irwin Law replied 1 year ago.

If you plan to pay off the full debt, then it should be easy to negotiate that agreement with the collection attorney. I am not sure what is meant by "settled debt"; however, in debt collection matters, everything is subject to negotiation. Upon receipt of the agreed payment, the attorney and you can sign a joint motion to vacate the judgment, and the judge will be happy to sign and order doing so. That should be better than simply paying the judgment as far as your credit score goes.

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