Stipulated general judgment

[pdxgrrrl]

As I've mentioned in a separate thread, I was recently sued by a local attorney for a defaulted credit card. This happened at the same time as my being laid off from my job. Before the layoff and right before I received a Summons and Complaint, I sent the lawyer a letter proposing a payment plan wherein I would pay $75.00 per month. About a week or so after the layoff, the attorney sent me a Stipulated General Judgment and Covenant Not to Execute. The gist of it is this: if I pay the $75.00 per month, they won't take further legal action.

I guess my question is, what do I do now? I'm working on a very part-time basis for my old employer (10 hours per week) and $75.00 is a lot of money to me right now. I'm also leery of signing anything called a judgment. Should I sign the paperwork? File my own answer with the court? Do nothing? I was going to declare BK to make this go away, but a BK attorney told me to wait until I'm employed full-time again to file because I was going to do a Ch. 13 because of tax debt.

But I need to hurry -- the Summons/Complaint served on me on March 27, so my 30 days are almost up.

[StartingOver08]

Don't sign it. You are giving the attorney an easy AUTOMATIC judgment against you.

If you are looking to make payment arrangments, do without the judgment stipulation.

[pdxgrrrl]

Okay, if I don't sign it, then what I do I do? Nothing? Wait for a default judgment? I'm not sure this lawyer would be amiable to my making payments without the stipulated general judgment. After all, I received this paperwork in response to my request for a payment plan.

[StartingOver08]

He naturally is going to send out the automatic judgement papers - that's his job.

Contact him, make other arrangments without the automatic judgment.

[treehugger1]

pdx, I'm assuming you are in OR and you will have to pay to file the answer and have it served. If you are essentially judgment proof, and you are making little or nothing, then why bother to sign or answer?

I don't understand the "tax burden." Did you fail to file taxes when you should have? I don't think a 7 should make a difference beacuse of a tax burden. Maybe another poter can add something here.

[treehugger1]

Google the following, "Oregon Judgment Examination Response." There is some good information if you take the time to go through the returns. There is some good infomration that relates to the entire process of judgment, garnishment, debtor exams, etc.

[pdxgrrrl]

pdx, I'm assuming you are in OR and you will have to pay to file the answer and have it served. If you are essentially judgment proof, and you are making little or nothing, then why bother to sign or answer?

I don't understand the "tax burden." Did you fail to file taxes when you should have? I don't think a 7 should make a difference beacuse of a tax burden. Maybe another poter can add something here.

Re: the tax burden, as I've posted before, I owe back taxes. I've seen three lawyers, two of which recommended a Chapter 13 to discharge the CC debt and pay off the taxes. The last lawyer I saw (whom I saw the day after I was laid off) told me I should file an answer with the circuit court and focus on finding a job, rather than going ahead with a BK at this time. I got some severance pay and he told me to use it for living expenses rather retaining a lawyer.

I'm not sure if I'm judgment-proof or not. I did get some severance that will run out on May 8. I'm making $300 per week before taxes and I have no assets. I feel the need to do something re: the lawsuit because I don't want a default judgment on my credit report, especially when I'm trying to get hired again.

[treehugger1]

Oh, I suppose the default judgment on your CR might have implications for an employer check. That's hard to know for sure. Why not move toward a BK 13 and then convert to a BK 7 when you can no longer make the payments? Generally, in OR the trustees want a direct payment out of your paycheck, but perhap a good attorney can help you through this until you file. I would think that if the attorney sees your current financial situation vs your future (reduced income situation), he/she might have some ideas. Just make sure that when you meet with attorneys you lay everything out on the table. As a curiosity, why are you concerned about a judgment on your CR when it sounds possible that a BK will show up in the future?

[IBroke]

pdx, I'm assuming you are in OR and you will have to pay to file the answer and have it served. If you are essentially judgment proof, and you are making little or nothing, then why bother to sign or answer?

I have a $25,000 judgement from a CC-lawyer against me as well. No assets, no job. Not much the lawyer can do..