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What do I do when I set up a payment arrangement with a collection agency but they still goes through with lawsuit?

Fond Du Lac, WI |

I recently went to court due to a lawsuit put against me by a collection agency. I owe medical bills and I never disputed that. They were unwilling to to grant me a payment arrangement, at first, because the amount that I could afford a month was not satisfactory to them. So they went forward with a lawsuit. So I show up at court and the only person there is the creditor that filed the lawsuit. The judge hadn't showed yet. She then was willing to offer me a payment arrangement in which I agreed to. She told me since we had set up an agreement, it was not necessary for me to stay and attend court; that I could leave and she will not move forward with the lawsuit. Long story short, she stayed, attended court, I was considered a no-show, and judgement was entered in her favor.

I have to pay the full amount within 9 days or fill out a form that will possibly lead to garnishment of my wages. Was I tricked to leave the court house so the judge can rule in her favor? What options do I have? What should I do? Please help.

Attorney Answers 3


  1. Speak to a local attorney. You may be able to get the default judgment overturned and to raise your settlement agreement as a defense to the suit.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


  2. Sour deal. The law prefers to see everyone have their day in court and you did not get that. The trouble is that getting back to court to tell your story will require time and paperwork. Perhaps the lawyer is planning not to enforce the judgment so long as you make the payments? Contact the lawyer and demand an explanation. Hopefully you can get it in writing. You may need a lawyer but likely can't afford one - the downfall of our legal system.

    Law Office of Michael J. Primus We are a debt relief agency and help people file for bankruptcy under the bankruptcy laws


  3. Speak to a local consumers attorney ASAP!

    Disclaimer of California Attorney
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Joshua P. Friedman
    jfriedman@jpfassociates.com
    www.losangelescollector.com

    Disclaimer of California Attorney Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Joshua P. Friedman jfriedman@jpfassociates.com www.losangelescollector.com

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