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VendettasVice · Oct 3, 2009, 05:14 PM

Reader's Digest version:

Papers served / 30 days to give an Answer or Motion / I called collectors and we settled / do I still need to provide a written answer?

Also, creditor said they put a two week hold on the due date for two weeks (with a filing fee) and add that fee to my amount owed (I do not dispute what I owe). Original due date 12 October, new due date 27 October which is the date I have to get the stipulation papers signed and back to the creditors.

Hope I made sense.

Thank you so much for your help.

Nikki

LisaB4657 · Oct 3, 2009, 05:25 PM

You don't have to provide an answer if it's settled. But you have to make sure that the creditor has contacted the court and informed them that it's settled. Don't take the creditor's word for it. Contact the court clerk yourself, give them the docket no. on the summons and complaint, and ask them if it has been marked as settled.

VendettasVice · Oct 3, 2009, 06:23 PM

I wrote up an agreement letter and faxed to the lawyer (yesterday) and then today I sent the same letter certified mail.

VendettasVice · Oct 3, 2009, 06:32 PM

Oh and I kept detailed notes of our conversation via Google docs.

LisaB4657 · Oct 3, 2009, 06:32 PM

When they sign it and return it to you, send a copy to the court clerk and ask them to mark the case as settled.

VendettasVice · Oct 3, 2009, 06:34 PM

When I send the stipulation paper(s) back I will sending them back as well certified mail.

Thank you so much Lisa.

Fr_Chuck · Oct 3, 2009, 06:34 PM

If you don't have anything in writing from them, ( they lie) so do't trust them, assume there is no agreement unless you have a copy in writing

VendettasVice · Oct 3, 2009, 06:35 PM

Oh, I should add that the stipulation is an agreement between me and lawyer who filed the suit stating that I will making these payments and if I falter they will move forward with the judgment.

Fr_Chuck · Oct 3, 2009, 06:45 PM

I would even show up on the day of court with my paper work, to be sure they don't get a default judgement ( you don't show up) that they won't use unless you don't pay by agreement) don't trust them,

I have a saying about collection people, if their mouth are moving they are lying

VendettasVice · Oct 3, 2009, 06:47 PM

The 12 October is the day I have to submit an Answer, not the actual court date. So I should still send the answer back with a copy of the letter sent to the lawyer and what we agreed upon?

LisaB4657 · Oct 3, 2009, 06:53 PM

If you don't have a stipulation of settlement signed by the lawyer by Oct. 12 then you'll have to file an answer. If there is no signed settlement or answer filed with the court by then, the lawyer can move for a default judgment.

VendettasVice · Oct 3, 2009, 06:56 PM

Well I had decided that if I didn't get the stipulation by Wednesday, I was going to send an Answer back with a copy of the letter that I sent via cert mail. I always make copies of the cert receipt on the letter and I put the cert mail # on the letter as well.

VendettasVice · Oct 3, 2009, 10:09 PM

So, let me ask this. I am secondary on a checking account... should I remove myself for right now?

VendettasVice · Oct 3, 2009, 10:16 PM

I am secondary on a checking account / should I remove myself as to not risk the primary person from having their account frozen?

VendettasVice · Oct 3, 2009, 10:34 PM

I am secondary on a checking account / should I remove myself for the time being as to not jeopardize the primary account holder?

LisaB4657 · Oct 4, 2009, 06:31 AM

The creditor can't get an order to freeze your account unless they have already obtained a judgment in court. If you file a stipulation of settlement then they will not receive a judgment. However, if your settlement provides that they get a judgment if you miss any payments, and if you miss a payment, then they can file for a judgment without a trial.

So the bank account is not in danger unless you miss a payment.

Of course if you don't file a stipulation of settlement and the case goes to trial, and if the creditor wins the trial, then they will have a judgment and will be able to go after the bank account.

VendettasVice · Oct 4, 2009, 08:20 AM

Oh OK. Thank you once again Lisa.

Fr_Chuck and Lisa, you two have been great and put my mind more at ease.

I've learned a lot during the ordeal from the lawyer I had a consultation with and now here with you guys on my post and other people's post.

VendettasVice · Oct 6, 2009, 12:20 PM

I received everything in writing from the lawyer I am dealing including answer due date being changed from 12 Oct to 27 Oct which is the date I have to get the stipulation papers back to the lawyer.

We have been communication via email since yesterday.

AK lawyer · Oct 8, 2009, 11:07 AM

Originally Posted by VendettasVice

The 12 October is the day I have to submit an Answer, not the actual court date. So I should still send the answer back with a copy of the letter sent to the lawyer and what we agreed upon?

Yes. Send it to the court.

In the court case you want, at some point, an order dismissing the case, signed by the judge.

VendettasVice · Oct 8, 2009, 11:09 AM

Ak Lawyer, I received everything in writing that the other side is going to extent the date to the 27th which is the date I have to get the Stipulation papers back to the creditors.