Ask Experts Questions for FREE Help !
Ask
    dr618's Avatar
    dr618 Posts: 20, Reputation: 1
    New Member
     
    #1

    Sep 12, 2008, 09:17 AM
    Stipulation settlement
    I have been making timely payments every month now, have not missed a payment
    And I received an alert telling me that a judgement was entered in default of
    Stipulation. Am I supposed to receive a notice of this? Also, can I do anything?
    I have my receipts of money orders and signatures, obviously, they are making
    False claims. I am in New York. Thanks in advance
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Sep 12, 2008, 10:43 AM
    Quote Originally Posted by dr618
    I have been making timely payments every month now, have not missed a payment
    and I received an alert telling me that a judgement was entered in default of
    stipulation. Am I supposed to receive a notice of this? Also, can I do anything?
    I have my receipts of money orders and signatures, obviously, they are making
    false claims. I am in New York. Thanks in advance


    You entered into a stipulation that a Judgment would not automatically enter if you made agreed-upon, timely payments? You made the payments as required and the credit entered the Judgment against you? Did you waive your "rights" to notice before the Judgment was filed? That is often the case with a stipulation - the Judgment becomes automatic. Would have to see the wording on the stipulation to know and know the circumstances - were you served and then entered into the stipulation? Was there a hearing and then the stipulation? Was there a decision and then the stipulation?

    Do I have that right?

    You would have to go to Court, get the Judgment set aside (using your proof) and get an order that the Stipulation is in full effect, continue making the payments as required.
    dr618's Avatar
    dr618 Posts: 20, Reputation: 1
    New Member
     
    #3

    Sep 12, 2008, 10:52 AM
    Yes. The stipulation says that If I fail to make the required payments, a judgement will be entered and enforced. I was previously served, answered the summons, they won and I entered into a agreement.

    I havae made the payments by money order and all of them were signed for. I'm, just wondering if there will be any warning or letter that I will receive telling me this, I only found out because I signed up for an alert on the court's website.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Sep 12, 2008, 11:03 AM
    Quote Originally Posted by dr618
    Yes. The stipulation says that If I fail to make the required payments, a judgement will be entered and enforced. I was previously served, answered the summons, they won and I entered into a agreement.

    I havae made the payments by money order and all of them were signed for. I'm, just wondering if there will be any warning or letter that I will receive telling me this, I only found out because I signed up for an alert on the court's website.

    They are under no obligation to tell you in advance. They already have a Judgment and they'll simply move on it.

    What do you think the creditor is doing? Enforcing the Judgment?

    What kind of alert on the Court's website?
    dr618's Avatar
    dr618 Posts: 20, Reputation: 1
    New Member
     
    #5

    Sep 12, 2008, 11:42 AM
    I don't know. The alert told me the status for my case is I defaulted in stipulation. That is not true at all and I have receipts to prove it. Why would they even do that knowing that they signed for every payment they received from me. All my payments were sent on time and I never missed one.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Sep 12, 2008, 11:54 AM
    I would go to the court and file a motion for a stay of any action. Request a hearing where you can prove you have complied with the stipulation.
    dr618's Avatar
    dr618 Posts: 20, Reputation: 1
    New Member
     
    #7

    Sep 12, 2008, 12:42 PM
    Thanks Scott, I will. Would you happen to know if in the meantime, Am I supposed to receive any notice from the court about this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Sep 12, 2008, 06:36 PM
    Probably not. They already have the judgement, they can execute it at any time.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #9

    Sep 12, 2008, 07:16 PM
    The issue here, if you were never late, and never defaulted in a payment why would they take you to court. If you were in default and made an written agreement they would have to abide by that agreement, if you were in default and never made an agreement with them but was just sending them a check they can file a judgement against you. Now you were suppose to be served. The advice on that is solid
    dr618's Avatar
    dr618 Posts: 20, Reputation: 1
    New Member
     
    #10

    Sep 12, 2008, 07:43 PM
    Yes, this was a written agreement signed by me and by the attorney. We agreed on this when I went to court after I answered my summons. I am so upset and cannot believe that would say I defaulted when I have been paying accordingly.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #11

    Sep 13, 2008, 06:31 AM
    Quote Originally Posted by dr618
    Yes, this was a written agreement signed by me and by the attorney. We agreed on this when I went to court after I answered my summons. I am so upset and cannot believe that would say I defaulted when I have been paying accordingly.


    Have you called and asked the Attorney what is going on?

    (I am still interested in where the Court records are on line.)
    dr618's Avatar
    dr618 Posts: 20, Reputation: 1
    New Member
     
    #12

    Sep 13, 2008, 07:39 AM
    I have called the attorney's office twice and I left messages, all I get is the answering machine.

    Judy, you can access NY Civil court records online at the New York Courts website: eCourts

    I had signed up for the tracking service so I can be notified of any updates.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #13

    Sep 13, 2008, 08:12 AM
    Quote Originally Posted by dr618
    I have called the attorney's office twice and I left messages, all I get is the answering machine.

    Judy, you can access NY Civil court records online at the New York Courts website: eCourts

    I had signed up for the tracking service so I can be notified of any updates.


    Right, I'm aware of that website - it's not active throughout the State. I thought perhaps there was a new site I'm not aware of.

    It's always an interesting site and I find it "unusual" that matrimonials are listed. I have a friend who actually looked up her never married boyfriend and discovered he had been divorced - twice!
    dr618's Avatar
    dr618 Posts: 20, Reputation: 1
    New Member
     
    #14

    Sep 13, 2008, 09:19 AM
    Yeah, I signed up to have any update delievered to me regarding my case, and to my surprise, they are claiming I defaulted. I have heard nightmare stories about this law firm already, I really don't know how they can make false statements when I proof to back it up.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #15

    Sep 13, 2008, 09:21 AM
    Quote Originally Posted by dr618
    Yeah, I signed up to have any update delievered to me regarding my case, and to my surprise, they are claiming I defaulted. I have heard nightmare stories about this law firm already, I really don't know how they can make false statements when I proof to back it up.


    Well, you won't know where they're coming from until you ask them or the Court. When you do, please let us know.
    dr618's Avatar
    dr618 Posts: 20, Reputation: 1
    New Member
     
    #16

    Sep 14, 2008, 08:35 PM
    I forgot to ask, since I paid with postal money orders, I have the tear off slips, so do I need to get a money order trace too for each payment I made?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #17

    Sep 15, 2008, 05:00 AM
    Quote Originally Posted by dr618
    I forgot to ask, since I paid with postal money orders, I have the tear off slips, so do I need to get a money order trace too for each payment I made?

    If they are going to argue they signed for empty envelopes or the money orders were in the wrong amount, yes, I'd get proof that the MO were cashed/deposited - by them.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can bankruptcy stop a stipulation [ 5 Answers ]

I was recently sued and lost and I am paying every month in a stipulation. I have to keep paying this amount for 4 months and after that, they will want the full amount which I can't afford. I am thinking of filing for Chapter 7, I know that bankruptcy could stop judgements, but can it stop a...

Violated Stipulation of Agreement? [ 1 Answers ]

NY State - Signed our Stipulation of Agreement in April 2008. In it, my ex-spouse had 45 days to give me a payout from one of his life insurance policies. He was also required to get a Life Insurance Policy in the amount of $100,000 and make me the irrevocable beneficiary to cover the costs of...

Court date and stipulation [ 3 Answers ]

Hi, I made an agreement with attorneys for creditor to pay 100 every month. I have a stipulation from them where it says that as long as I make this payment every month before the 15th no legal action will be taken and it says that I don't have to show up for the court date which is Nov. 30th,...

Stipulation of Dismissal [ 4 Answers ]

Hi everyone! Hope everyone is doing OK. Most of you remember me posting my case here where I was being taken to court because according to them I owed some account by citybank. Well I went to the hearing it was with a magistrate not with judge, however, the plaintiff was on the phone (due...

Auto Accident: Damage Settlement not Injury Settlement [ 13 Answers ]

Hello all and thank you in advance for your kind answers. My Girlfriend was involved in an accident in November. Here are some key points about the event. 1. Accident Fault - Fault was clearly the other driver Documented in the Police report. 2. Vehicle is currently financed - In both of...


View more questions Search