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Questions about a agreed judgement in Texas
I received an agreed judgment for a credit card, with a payment plan that had been agreed to over the phone. There is a place for a judge and a lawyer to sign, but it also states that I don't have to go to court if I pay this debt out. It only says that I need to sign it two places for the agreement to be in effect, so my question is: does a judge and a lawyer have to sign this before I return the agreement to the law firm. Or can I just sign the two stipulated places for the agreement to be in effect?
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This is for the judge to sign, if you do not pay as agreed. Then they take the form to the judge, he signs it, and they have a judgement against you. Without your right to go before the court.
So if you pay, as agreed, then there is no judgement, and no court record. |
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If you sign, you better pay, or they will sue breach of agreement. If you don't sign they will sue, and probably get paid, and you will subject yourself to additional fees, garnishment, and freezing of bank accounts until you do pay. Signing the agreement and paying likely keeps you out of court, and further legal action.
It would hurt nothing to consult an attorney, even for a small fee. Is this agreement a result of talks between you and the credit card companies attorney? If so, then its a last chance to stay out of court and legal action, subject to you keeping your end of the deal. I don't think the attorney will submit it to a judge if you do, and it will be in force when you sign and return it. |
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If you are asking whether you need to hire an attorney to also sign it, as your attorney, no.
If the form has a place for the plaintiff's lawyer to sign, I suspect that attorney left it unsigned, and will sign it before he or she receives it back from you. It will then be filed with the court for the judge to sign. |
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