[mystifiedbylaw]

I recently received a summons from Sheriff's Deputies regarding a debt from a furniture company which I actually owe and have become default on. The summons was through a local "Attorney" in the Atlanta area. The debt is listed as 2000.00 with some court fees and interest thrown in. I contacted the Attorney office and talked with my "case agent". They stated I needed to pay the full amount listed, which I advised I could not. I offered to pay them $200.00 a month, and to have the money drafted from my account if they would drop the case. They advised they would have me sign a consent judgement, and I would not have to go to court. I informed them the only reason I would be able to pay that much was to take on a very time extensive second job, but I would do it just to keep a judgement against me from being on my record. And a consent judgement is still a judgment. They advised that they could offer me a special deal of a "consent agreement" which was not a consent judgement. (Which sounds exactly like a consent judgement) I feel I have messed up by sounding so desperate to them originally, along with telling them how much I can pay. I feel they now think they can get the full judgement against me, and that I am made of money. I still have several weeks to respond to the judgement. Is there any way I can keep a judgement off my record without paying the full amount at once? By taking the second job, I will have an extra 400.00 or so a month, but I don't think I will have the time to get up the 2000.00 before the actual court date, so a judgement seems likely. I know I should have paid the debt earlier, but am just now getting my life back on track. With my job, I cannot afford to have a judgement on my record.

So what I am asking is this:
1. Did I make a mistake telling them I could pay a fixed amount?
2. Will they rather take me to court to get the full amount (knowing I can make the payments now) or take a lump sum payment which is less than full value, but only slightly (If I can delay them until I get up 1600.00 which would be 4 months).
3. How long after I file a notice to defend does it take for a court date?
4. If I file a notice to defend, and get a court date, will the collector/lawyer be able to settle out of court should I get enough money up before the court date?
5. How do I negotiate with the lawyer/collector; I mean what are the best methods (be polite, be firm, ect….).
6. Is there any way to delay the court date for approx 4 or 5 months until I get the money together?N

Any advise will be greatly appreciated.

[ScottGem]

1) it's a mistake only if you can't do it
2) Yes they would, getting a judgement against you gives them leverage. They would rather get it now and not use it, then accept a payment plan and have you default on that and then have to go to court again. That's why they might be willing to accept a lower lump sum settlement.
3) That depends on your local courts
4) Yes, they can settle anytime right up to the time you walk into the courtroom
5) Yes, be polite, but stand firm as to what you can do
6) Again that depends on your local courts.

[mystifiedbylaw]

Should I accept the "consent agreement" and pay them the 200.00 dollars a month? Have you ever heard of this? Does it sound like like it would probably go on my record as a judgment?

[ScottGem]

No I haven't heard of such. I would have to see the exact terms and wording to judge. But it does sound like they want you to consent to a default judgement and they will agree to not use that judgement as long as you maintain the agreement.

[mystifiedbylaw]

But it sounds as if this is still a judgement?

[ScottGem]

I can't tell for sure, but it does sound like it