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is it possible to avoid judgement

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JohnInOhio

Joined: 23 Aug 2010
JohnInOhio's page
Posts: 6

138 Magic Points

Subject: is it possible to avoid judgement

Thu Sep 02, 2010 2:42 am

I apologize for posting this multiple times.. but I'm having trouble validating that it is actaully getting posted... so here it goes .
I have a summons, I need to answer, the origional creditor is who is suing and they have provide the DV in the summons. I will have the funds to pay this off but not until after the answer is due. How can I , or do i need to delay this to prevent judgement? Do I file the answer and then contact the creditor and tell them of my intent to pay?

Aaron

Joined: 08 Feb 2010
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Posts: 2675

48566 Magic Points

Subject: avoiding judgment

Thu Sep 02, 2010 8:03 am

Hi JohnInOhio,

It is important to answer to the summons within the stipulated time. Even if you can pay, and the creditor agrees to a payment plan you should file the answer. Otherwise, the creditor can sneak in a default judgment.

After you file the answer, talk to the creditor about your willingness to pay and get the agreement in writing. Also request the creditor to mention in the agreement that they are going to stop the lawsuit, and update your account status as "Paid" after you pay off the dues.

Do not delay in filing the answer.

Thanks,

Aaron
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cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Thu Sep 02, 2010 10:59 am

yes answer the summons. You should be able to get a continuance if need be
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JohnInOhio

Joined: 23 Aug 2010
JohnInOhio's page
Posts: 6

138 Magic Points

Subject: another question

Fri Sep 03, 2010 2:13 am

Ok, so I'll file the answer.. what happens if I just pay it .. if the case hasn't progressed furthur? I"m not sure what the time frame would be for next steps? Will the judge 'deal' with it on the day the answer is 'due'? or will there be a lag.. ? What happens if it is paid off during the lag.. will the Creditor drop the suit? Or do I need to ask for the suit to be dismissed because it was paid?

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2675

48566 Magic Points

Subject: summons

Fri Sep 03, 2010 8:11 am

Hi JohninOhio,

If the case hasn't progressed further, and if the creditor agrees to take payments you should request them to stop the lawsuit. Get the payment agreement in writing, and also request the creditor to mention about the cancellation of the lawsuit in the agreement.

The court date must have been mentioned in your summons. The judge will perhaps deal with this debt on that very date.

Thanks,

Aaron
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cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Mon Sep 06, 2010 12:49 pm

you need to get an agreement to withdraw the suit upon payment so it doesn't go on your report.
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