How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101533
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

If I choose not to sign a consent judgement what happens

Customer Question

if I choose not to sign a consent judgement what happens next
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NJ
JA: Have you talked to a lawyer yet?
Customer: Can I file a motion while telling the lawyer I am not signing the judgement
JA: Anything else you think the lawyer should know?
Customer: or should I file a motion to vacate the default
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. In this case, the Plaintiff may go ahead with the lawsuit and get a judgment via the court. They can then enforce the judgment by any one of the following:

-levy of a bank account

-garnishment of net wage up to 25%

-lien of titled property

-attachment and sale of non-exempt assets towards judgment.

You do not need to file a motion to say you are not signing a judgment; you simply do not need to sign it. If there is already a default judgment, then one wants to SET IT ASIDE if possible, so yes, motion to vacate default judgment is recommended.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 8 months ago.
I understand what a judgement is and ramifications, so that doesnt really answer my question of what happens if I dont sign the consent judgement. I did respond to the lawyer prior to deadline ( I did miss send the court the same answer I sent to the lawyer) however his legal assistant did not give him the response and settlement agreement until I question the status of the settlement proposal which was after the summons went into default. Now they are accepting my proposal but wanting me to sign the consent judgement. I do think I should be penalized due to legal assistance negillance
Expert:  Ely replied 8 months ago.

Ah, okay. Just to clarify, is there a default judgment rendered by the Court? Or not?

Customer: replied 8 months ago.
No default judgement exist yet? I wanted to resolve this without a judgement, so I tried to settled beforehand
Customer: replied 8 months ago.
The court has not rendered a judgement
Expert:  Ely replied 8 months ago.

Thank you.

If you do not sign a consent judgment, the Plaintiff will ask the Court to render a judgment based on trial by merits, for the whole amount plus legal fees due at once. The whole point of a consent judgment is the Plaintiff attempting to avoid trial by offering to pay less than what they would likely get at trial.

However if you refuse to sign the consent judgment - that is fine. There is no motion required to be filed in the refusal - one simply can refuse to sign and that is it.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
But should I respond to the lawyer and work it out, or allow the legal process to continue. My view if I do nothing than the lawyer will then as for a default judgement be rendered. If I file a motion asking to vacate the default then I can get the case re-opened.
Customer: replied 8 months ago.
By the way in my proposal I gave the plantiff the amount requested plus legal fees as this an home owner association I am fighting
Expert:  Ely replied 8 months ago.

It is best to work it out, assuming that the consent judgment is asking for less than what they want in the complaint. This is all negotiable. One can respond and explain that they would sign a consent judgment if the amount is reduced by $x amount, for example.

Motion to vacate default judgment is not guaranteed to be successful. So that is a risk you would take.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
If lawyer wont work this out without a consent judgement, do I have any recourse?
Customer: replied 8 months ago.
the consent judgment was not less at all it was for the full amount
Expert:  Ely replied 8 months ago.

No, not really. The attorney can simply go ahead with the lawsuit. And if the consent judgment is for the full amount, then this is not a good deal at all offered, arguably. Of course a judgment via the court may also add attorney fees...

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
I was already paying the attorney fees in my proposal.
Expert:  Ely replied 8 months ago.

Okay. But my answer stands as is - normally, a consent judgment will be for less (to entice agreement to sign).

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
Okay so this is what I am writing to the lawyer, does this seem crazy to ask at this point:After speaking with counsel, I have been advised to not sign this at this time due to the following:
- Though I did not respond to court with an answer directly, I did respond to your office prior to 7/25/2016 as it was stated in the summons with a proposal of settlement which was documented.I would like to handle this without the consent judgement as this affects me long term. I have been advised to file a motion with the court to vacate the default at this time, if we can not come to a better conclusion than to establish a default judgement. I would ask you to relay this to your clients and determine if we can develop a settlement agreement with an judgment as I am aware that many people in the community choose to have judgement and liens which result in the community never receiving money owed. I am offering to the pay the amount owed as documented with fees, however I do not believe this warrants a consent judgement at this time as there has been negligence on both parties.
Expert:  Ely replied 8 months ago.

Hello,

"After speaking with counsel..."

Did you really speak to an attorney?

Anyhow, you are not making sense here. You state that there is no default judgment. However, you then repeatedly say that you will file a motion to vacate default judgment. What do you think "default judgment" is, exactly? I have a feeling there may be some misunderstanding.

Customer: replied 8 months ago.
When I spoke with the court they said no judgement had been entered yet (at the answer date was 7/25 I asked the court on 7/27) But it was in default. The lawyer had not requested for a default judgement
Expert:  Ely replied 8 months ago.

Unless a default judgment has been requested by the Plaintiff and received, then there is no need to file a motion to vacate default judgment.

However, if you are in default, then that means that the Plaintiff can request a default judgment at any time. You may wish to send a copy of the answer to the Court to be sure that they indeed received a copy.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
Ok perfect. Motion from the court this is my selection I guess I should choose "Amend Answer"Permit Discovery Amend Judgment
Vacate Dismissal/Reinstate Complaint Enter Judgment Out of Time
Amend Complaint Vacate Default/Vacate Default Judgment
Amend Answer (must include answer, any cross-claims or counterclaims,
and the application fee; see step 6 on page 4) Other (Specify)
Expert:  Ely replied 8 months ago.

You state that you have actually sent an answer to the Plaintiff already, but simply not the Court. Correct?

Customer: replied 8 months ago.
I sent him an answer with my proposal and he sent me back the consent judgment
Customer: replied 8 months ago.
I did not send him that note I sent you earlier. I wanted to see if that would be appropriate or not?
Expert:  Ely replied 8 months ago.

"Ok perfect. Motion from the court this is my selection I guess I should choose "Amend Answer" "

INCORRECT. Someone in your situation wants to simply send that Answer to the court. It would not be an amended answer.

That note was not appropriate as you are confusing multiple issues and the note would only encourage the attorney to likely get a default judgment against you before you even know what happened once they find out how confused you are. I am sorry.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
Ok I will just send an answer to the court but there nothing to choose other than the "Other" section
Expert:  Ely replied 8 months ago.

I am not sure what you are looking at section-wise. You can simply send the Answer in by mail, anyhow - not electronically.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Related Legal Questions