If I agreed to settlement plan when sued by credit card company but never signed consent judgment, what can be done if I don’t make any other pymts?

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If I agreed to settlement plan when sued by credit card company but never signed consent judgment, what can be done if I don’t make any other pymts?

I was officially served by the sheriff approx 18 months ago. Lawsuit for cc bill. I didn’t officially answer the court, but contacted the plaintiff directly and arranged for a payment plan. They said they would send a copy of the consent judgment for me to sign, but they never did. I paid about half of the $2000 amount and then requested that they send the paperwork before I made any other payments. 6 months later, I haven’t received anything but they are asking for payments again. No judgments are on my credit report and I never received anything else from court. Do I have to pay?

Asked on March 16, 2012 under Bankruptcy Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

At this point, if the credit card company has not sent you the consent judgment, you need to see if this would constitute your satisfaction of payment to the company. However, by not answering the court, you might be considered in automatic default and you need to find out if there has been a disposition on your case. You can contact the court clerk, give the case number and see what the status of the case is. This will help you determine if the payment you made operated as an accord and satisfaction of the total debt owed. If it did, I would say you may need to update the court as this being an accord and satisfaction if the case is still open. if the case is closed, you need to find out if it was dismissed or a default entered against you.


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