Ask Me Help Desk - Final Judgment execution withheld.

Quote:

Originally Posted by cocothecat1950

I was served with a complaint by Capital One for an outstanding balance due.
First time this happened to me.
Their lawyer sent me a stipulation for entry of final judgment execution withheld. I signed it agreeing to pay some strange fees and 11% interest. In addition the bank added late fees etc. I was at a bad place both financially and emotionally when I signed. Truthfully, I just wanted to get it over with. I started making payments for about seven months. Now my husband is out of work and my salary was reduced. I cannot make any more payments. The original credit card debt was for $500.00. The document I signed was to pay about $2000.00 plus interest. I feel I am being ripped off. I know what I did wrong, now I need to know how can I fix it. Can I appeal the document I signed and fight for what is fair?

You signed it. I see no way out. Fair or unfair, whether you are questioning it now, I see no grounds for setting it aside.

If you don't pay as you agreed they will simply file the Judgment and execute against your assets. - which they agreed not to do in exchange for your promise to make payments as you both agreed.

You MAY be able to negotiate for a smaller monthly payment but I don't see any other options.

I would take a close look at whether you are paying less than they will be able to take from your paycheck and then make a decision what to do next.