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Messed up. Skipped payment on stipulated Judgement. Creditor filed Ex-Parte. Am I done?


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2016 Bofa sued me for CC debt of $30K.  Legit debt, I was served properly at my home and had no viable reason to contest.

 

Spoke to the law firm that sued - they agreed to make a stipulation agreement which is pretty much me paying them $300/mo until the 30K fully paid off. That was working for me at the time rather than settling or paying a big chunk, so I agreed, we went into stipulation that I'd make $300 monthly payments until it's done otherwise they'd continue with Judgement.

 

Paid up to Feb - even during covid - a total of $16,000 and being stupid, I skipped two months (thought I had paid - it's not like I didn't have $300) - and next thing you know, I see in the mail a copy of ex-parte filed by the law office saying, i signed the agreement attached, i paid 16K and i didnt make any payments for 2 months, therefore they ask the court to file a judgement.

 

4/28 ex parte filed

4/30 judge granted the judgement entry

 

I don't have a judgement number yet.. the remaining balance is $14.7K

 

Is it too late to stop a judgement entry?

I'm able to pay (in a couple of weeks) the amount in full financially. If I negotiate with them (not for a lesser amount) and tell them that I'd come up with the money and pay in full if they agree to vacate (dismiss) the judgement, is it something they can do?  Do they have to show reasons?

 

I know if the "DEFENDANT" files to vacate a motion, it usually works on default judgements, however this is a final judgement.

 

My whole dilemma is, if I pay or settle, the judgement will be "satisfied" - but still be a public record for anyone to search (down the road, mortgage etc)... but if it's vacated, it's pretty much never happened. I can't find anything about the plaintiff being able to file a motion saying ' oh we made a mistake - please remove this judgement '

 

Any input appreciated.

 

 

 

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Have you talked with counsel of record since you got the notice?  That would have been the first place to start...

 

You can presume that any sort of judgment negotiations are going to require lump sum.  They can advise the Court at any time that the matter is satisfied, but it does not remove the judgment from the record.  Let's face it...even a stipulated judgment was still a judgment.  All they are doing is enforcing additional rights following two months of non-payment. 

 

You ALSO need to be paying attention to what post-judgment remedies might exist in your jurisdiction.  If garnishments and levies are an option, then you are at potential risk of seeing accounts emptied.

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