Motion For Judgement On The Pleadings

Submitted by Anonymous (not verified) on Sun, 05/17/2009 - 09:53

I responded to a summons by basically acknowledging I had debt, but I had disputed the amount and requested validation.

Now I get this motion for judgement on the pleadings asking for judgement against me.

What are my options? Is it too late to call the CA and try to settle out of court?

I am not sure at this stage what all your option are. (Others here will) I would at least call the company and try to settle the debt out of court. If you do get anything set up you may have to inform the courthouse or judge that is doing your case. I hope you hang in there cause others will know what else you can do. How did you request validation? Did you do it on the form or by registered letter?

Sun, 05/17/2009 - 14:28 Permalink

Hi Guest,

As you say that you have acknowledged the debt, that is the reason the CA has brought motion for judgment on the pleadings. It makes the CA's task much simpler, as they do not have to file a suit against you in court. They can continue to collect the debt from you. What I feel is, even collection agencies(CA) would prefer a out of court settlement. Have you sent a proper debt validation (DV) letter to the CA? You will find a sample of a DV letter if you visit the link Letters of Credit. Send the letter through registered post with a return receipt requested.

Once you get your debt validated, you should request the CA to accept a debt settlement plan. It is sometimes possible to reduce the debt amount by 40-60%. So it is worth a try. You should also inform the court that you are in the process of debt settlement.

Mon, 05/18/2009 - 04:14 Permalink
Anonymous (not verified)

Did you respond to the court?

Mon, 05/18/2009 - 19:17 Permalink

Have you got the judgment yet on the matter from court? I think it is most likely that any CA will not unnecessarily trouble any person if they get the money out of court settlement.

So I think they should not trouble you if you immediately approach them (CA) and thus it will save your efforts.

:wink: :wink: :wink:

keep us informed.

Tue, 05/19/2009 - 12:12 Permalink
Anonymous (not verified)

I have not responded back to the court about the Motion for Judgement. I do plan however on sending the CA a validation letter and then informing the court of that and that I need to time to receive and review. Once I have the validation, I'll contact the CA again and offer a settlement, which hopefully they'll accept.

Does all this sound good?

Tue, 05/19/2009 - 21:51 Permalink

It does sound a good plan but I will advice you to go for CA firsthand.and offer them your proposal so that you need not have to face any court verdict.(and consequently cost involved along with that)

So it is better if you can just give a ring to CA and settle it out b4 court comes in to the picture.

:arrow: :arrow:

keep us informed.

Wed, 05/20/2009 - 03:01 Permalink

Hi Guest,

Judgment on the credit report stays for about 10 years and cannot be removed even if you pay it off. If the collection agency agrees to your debt settlement proposal, make sure you get a written agreement from them. The agreement should state that once you pay the settlement amount, the judgment in your credit report should be updated as "Paid Judgment". This will have a positive effect on your credit records.

Wed, 05/20/2009 - 07:17 Permalink
Anonymous (not verified)

Ok, so today I sent the DV letter to the CA and the CA's attorney. I went and told the court about it and they said that they shouldn't give a judgement against me since I'm requesting information. I wait.

Wed, 05/20/2009 - 23:49 Permalink

Hi guest

keep us updated on the event, we are waiting for the outcome.

:arrow: :arrow: :arrow:

Thu, 05/21/2009 - 01:52 Permalink

Hi Guest,

The collection agency (CA) should validate the debt account within 30 days, after receiving the debt validation letter. If you actually owe the debt, you should negotiate with them and try to settle the debt. But before paying the settlement amount make sure that you have a written agreement from the CA. The agreement should state that the debt account will be updated, either as "paid" or "settled" on your credit report, after you have paid off the debt.

Thu, 05/21/2009 - 11:03 Permalink
Anonymous (not verified)

So I have received Validation and it includes the following:

Orignal Acct # and Institution, the CA's date of purchase, principal, attorney fees and other costs(as a total), and the intrest rate.

Is this a proper DV response?

Fri, 05/29/2009 - 14:45 Permalink
Anonymous (not verified)

I called the CA and asked to possibly settle out of court. I was told that since their attorneys are involved, I have to call them to arrange a settlement. Is this true that I HAVE to deal with the attorney?

I'd also love some pointers in reaching a settlement with them.

ie: should I throw out the first amount, what percentage shoud I offer, do I let them bring up the first offer. Shoud I do it by phone or mail (it is in the court system so time may be a factor)

Thanks for all the help everyone!

Thu, 06/11/2009 - 00:25 Permalink

Hi Guest,

If a collection agency has an attorney involved, you will have to deal with him. Though an attorney will try to collect the maximum amount from you, it is possible to negotiate with him. You should explain to the attorney your financial situation and your willingness to settle the debts.

You can offer a settlement amount that is 40-60% less than the due amount. The chances of the attorney accepting the settlement offer will increase, if you are able to pay a lump sum.

Shoud I do it by phone or mail

Even if you contact the attorney by phone or mail, you should follow up in writing. You must retain copies of the same. The attorney should also send a written reply, if they accept the settlement offer.

Thu, 06/11/2009 - 06:45 Permalink
Anonymous (not verified)

Thanks for the advice Scott. I sent a letter to the attorney's offering 40% of the principal. They called and rejected and offered a settlement of 20% off of 1900, I declined and offered $750 as a counter settlement. So I wait (again) to see what they say.

THanks again to everyone who's given advice, it's very much appreciated.

Wed, 06/17/2009 - 16:55 Permalink
brenda kingston (not verified)

i need a form for motion for judgement on the pleadings

Wed, 08/04/2010 - 12:37 Permalink
Anonymous (not verified)

Hello, I have some law office trying to collect on a debt. I answered them in court asking for original paperwork and proof of debt (in short) and change in venue because i don't live in that county.

Next thing I know I have a motion for judgment on the pleadings against me. Basically stating that I don't deny debt, which I did tell them in court, and my answer raises no fact or law and are now trying to get a judgment against me?

Can they do this when I was asking for proof of debt?


Thu, 01/12/2012 - 08:26 Permalink
Eda (not verified)

Well, insurance cnoapmies do have access to credit reports because they often use credit when quoting and selling policies and determining rates. So they may be able to access yours. When you became a plaintiff, you opened up your entire life basically. The kinds of things you have to disclose about yourself, the endless amount of medical records that can be accessed, and the background information that can be obtained is amazing. Pretty much the price you pay when you become a litigant. If a person has judgments against him/her from creditors or other entities, it would seem to demonstrate to a certain degree how filing a lawsuit of his/her own might benefit them to the point that they could satisfy judgments/debts if awarded a large sum of money. Maybe.

Mon, 09/02/2013 - 09:17 Permalink
Novita (not verified)

Some insurance comaenips also look at your credit every year b/c it is part of your premium. If you have good credit, then you will get a better rate, if you score is low, it is likely that you may have to pay more. Plus, if you were in an accident, the insurance company wants to make sure you are not in debt. If you are, they may research it further to make sure you are not pulling a scam to pay off other bills. When you take out your insurance, you normally sign something stating it is okay for them to pull your credit, but you'd have to find out when it is okay for them to do that.

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