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Can I (plaintiff) appeal/amend a consent judgement (both parties accepting Case Evaluators decision) to include a payment plan?

Clinton Township, MI |

I would have wanted a timetable for payment -or- payment plan be part of this judgement.

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Attorney answers 4

Posted

I would suspect that the judgment eventually will be entered in the Circuit Court where it will be sought to be enforced. While you can ask the mediation agreement be modified, you can also petition for an installment payment at the entry of the judgment at the lower court.

To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .

Posted

Once the judgment is entered, petition the court for an installment payment order. You will have to attach proof that you cannot pay the judgment all at once. Provde a summary of your finances (amount of money in, amount of money out, etc.). Even better, ask the plaintiff's attorney for a pocket judgment so that no judgment enters unless the payments are missed. This will help your credit score if they agree to it-which they often do.

John F. Brennan

John F. Brennan

Posted

Good advice on the pocket judgment.

Posted

Case evaluation is case evaluation.. you accepted it and probably cannot amend it to include a payment plan.

ISSUE: As the plaintiff I assume you are owed the money. With a judgment in your favor, you can start collection actions 30 days after the judgment is final. That includes garnishing the defendants bank account and wages, etc.

BTW Even with a payment plan, if it is not followed you would be limited to the same remedies so do not fret about amending it.

Please note that I answered this question with general knowlege of the law and with limited disclosure from you, my answer does not create an attorney-client relationship and I cannot be held responsible for how you, the asker, use the information provided. If you want to contact me directly and retain my services you may through my listing on this site or at 248-901-0750 or james@weineresq.com.

Posted

As Plaintiff WHY do you want a payment plan?
You get ALL your money right now.
If you're talking about the Defendant wanting
a payment plan . . . you would have to agree
to it. If not then take it before the judge to
decide one way or another. Anyway . . .
ask your attorney about accepting or
filing a motion (or RETAIN an attorney
to help you collect your money). Good luck!
See: www.contingencyattorneymi.com

THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.

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