What is an Agreement for Judgment?
An Agreement for Judgment is one of many ways a court enters a Judgment. The other ways can include Default, Motion for Summary Judgment, Motion for Judgment on Pleadings and Judgment entered after trial.
What the Agreement for Judgment (AFJ) does?The agreement acts as full and final judgment on the underlying claim filed with the court, without going in front of a clerk magistrate or judge (unless this is small claims court, then a clerk will approve the AFJ once they review the income section on the AFJ form). The AFJ can also acts as a court ordered agreement on the amount and terms agreed within the form. Once the court receives the AFJ they render a Judgment and send notification to the parties involved. At this time, the Judgment is could be documented on the Defendant's public record and credit report, but NOT by the Plaintiff.
What else can I do after the Defendant enters an AFJ?The Plaintiff can request an Execution on the Money Judgment to seize real and personal property in the event the Defendant defaults on the agreement. Plaintiff can also able to bring the Defendant in on a Show Cause hearing, requesting the Court hold the Defendant in contempt on the court order if they are not fulfilling the agreement.
What are the benefits of entering into an Agreement for Judgment?1. Plaintiff and Defendant can negotiate the final Judgment amount, 2. Neither party is required to appear in court on the trial date 3. And on some occasions the Plaintiff could suspend the 12% post judgment interest from accruing on the matter as long as all payments are received according to the agreement, terms need to be specific regarding the interest.
DisclaimerNever send out an Agreement for Judgment where suit has not been filed. The information is not intended to be legal advice. Attorney Satterwhite invites you to call or e-mail for more information, however, visiting his website or contacting him does not establish an attorney-client relationship. Please do not send information that may be considered privileged or confidential prior to establishing an attorney-client relationship