Consent Judgment

Asked over 4 years ago - Savannah, GA

Received an Consent Judgment from an attorney. My husband entered agreement with the attorney. Now he has received this Consent Judgment. the attorneys letter states "that if not returned in 5 days we no choice but to take the appropriate action on our clients behalf."
Please what does all this mean?
Thank you

Attorney answers (3)

  1. Brian E. Daughdrill

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . Probably your husband agreed to a "settlement agreement" on some matter. The attorney now has reduced this to a "consent judgment" whereby the Court will take judicial notice of the settlement and retain the ability to enforce performance of the terms your husband agreed to. In Georgia, this is one way to resolve a case "amicably." If the terms of the Consent Judgment MATCH what your husband agreed to precisely, (be mindful of additional terms and terms, in particular, that make collection easier for the attorney), you may sign it but it probably would be worth your while to have an attorney review the matter. The attorney is threatening to seek to enforce a settlement agreement, otherwise, but even if he does that, it is a 30+ day process (it is essentially a motion for summary judgment on whether there was an enforceable agreement.

    This response is for informational purposes only and may not be deemed to create an attorney client relationship.

  2. Ralph Edward Hughes

    Contributor Level 9

    Answered . Your husband has agreed to pay someone a sum of money. Normally, a consent judgment is entered into between parties after suit has been filed and an agreement has been made to pay a certain sum over a defined period. If the signer fails to abide by the terms of the agreement, or fails to pay as agreed, the plaintiff may request the court issue an order stating the entire amount is due, and the order can be the basis for a garnishment, levy, etc. "Take appropriate action" is a lawyer's way of saying either do it or we're going to continue with more aggressive measures. Suit, trial, etc. Good luck.

  3. Angelo Marino Jr.

    Pro

    Contributor Level 14

    Answered . The above answer is correct. Sounds like your husband did not sign the agreement and or breached it. Call the attorney to find out and resolve. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to amjrpamail@aol.com and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

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