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    scrappy02's Avatar
    scrappy02 Posts: 1, Reputation: 1
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    #1

    Feb 14, 2011, 09:59 PM
    Rec'd Summons, they offered payment arrangements if I sign consent/summary judgement?
    I am soooo confused, I need to know if I'm doing the right thing! I was served on Feb. 2nd - the amount is $2300 with the original creditor. I called the courthouse and verified that the complaint was valid. I know I need to answer the summons before the 30 days.

    I called the lawyers representing the OC, and they agreed to put me on a payment plan. They are in the state of Washington, I'm in Oregon. They said that if I enter into the payment plan they would cease collection efforts... what does this mean? I still have not received the paperwork because they sent it to my old PO box. So they are resending it, and I'm to send in my first payment this month without having even received the contract. I don't even know what is in the contract yet!

    I have been researching this online, and am now led to believe that this "contract" is some type of "summary" "consent" or "stipulated" judgement. Does ceasing collection efforts mean that if I continue with the payment plan with no problems they won't try to garnish? Or are they trying to get me to sign this, so they can still have the option to garnish regardless of how well I do with the payment plan. I plan on paying this OFF QUICKLY. Every extra cent is going towards these payments. My question is, do I sign this contract, or do I answer the summons and go to court to see what happens. I owe the debt... would it be better for me to go to court and have a judge help me work out a plan or am I screwed either way?? They will not settle with me, they counteroffered with $200 less than the full amount. I don't have that amount of money to pay right now, so either way I have to proceed somehow... HELP! What route do I take? Do I sign this contract, or do I go to court?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Feb 15, 2011, 06:30 AM
    Quote Originally Posted by scrappy02 View Post
    ... would it be better for me to go to court and have a judge help me work out a plan ...
    The judge's function is not to work out a payment plan. The judge will determine if you owe the money and, if so, enter a judgment to that effect.

    Go for a payment plan.

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