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What will happen If I do not sign a Consent Judgement but continue to make monthly payments as agreed?

Warner Robins, GA |

The hospital is suing me for a bill I do owe. The lawyer they are working through wants me to sign a Consent Judgement, but it doesn't say what we discussed on the phone. I agreed to pay $100 a month but in two $50 payments in conjunction with my pay periods, which this time it will be the 5th and 19th. The letter they sent says "on or before the 15th of each month." When I called and asked I was told it is noted in my record that way and it will be okay to be a few days late with the second payment. Also, what does "Defendant hereby waives the (10) day period provided under O.C.G.A. 9-11-62 (GCA 81A-162) with respect to execution and enforcement of any judgement rendered upon a default hereunder." mean?

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Attorney answers 1


DO NOT SIGN a Consent Judgment that says something other than what you agreed. The person on the phone who said it would be "ok" for you to be late with a second payment doesn't know what s/he is talking about.

You should send a letter to the lawyer with your corrections to the Consent Judgment (do not sign it) and make payments under the schedule you agreed to.

OCGA 9-11-62 is a section that requires them to notify you when you are in default of the Order (which you would be by paying a few days late) -- that means that if you default on this judgment, they can immediately do whatever the penalty is for you not paying timely. It's standard in a consent judgment because they are working out a deal with you, but all the more reason for you to make sure the consent judgment is accurate.

Good luck!
Christie Ayotte, Attorney At Law

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