Author Topic: Recieved Court ordered Stipulation for Payment  (Read 1404 times)

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rubyruby27

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Recieved Court ordered Stipulation for Payment
« on: March 17, 2006 01:31:36 AM »
Recieved letter from attorneys that say's:

 This cause came before the Court for Pretrial hearing on  date at whicih time, the Court, having heard argument of counsel for Plaintiff, and of Defendant, and being fully advised in it's premises, hereby ORDERS AND ADJUGES the Plaintiff, shall recover the following:

1.  A certain amount plus any addition charges
2.  Entry of Judgment is stayed provided Defendant pay the sum of  135.00 on or before March 4 and the sum of 135.00 on or before the 5th dasy of each and every month
4.  Who the payments go to
5.  If I don't pay then they will file for judgment

Went to Pretrial and this didn't happen when I was present.  Have mediation per Judge for March 28.

Recieved this letter TODAY 16 March

Is this a violation?

How do I use this to my best advantage?

Thanks

 

Rottweiler

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Re: Recieved Court ordered Stipulation for Payment
« Reply #1 on: March 17, 2006 03:24:59 AM »
First off, I'd check with the Court immediately.  It's possible that the attorney (the rotter) managed to convince the Judge to grant them the "stip" after you left the pretrial, by convincing the Judge you have no case.  The starting due date for payment theoretically would allow you to get the mediation done (which means mediation would=modifcation of the plan only).   So plan to show up on the date mediation is scheduled.

But, there is another answer, and the more likely one: 

Court date or not, I would not ignore it at the level of the attorney's office, either.  In fact, contacting the attorney's office is necessary.  That thing could be a fake, but the answer is likely more benign:   This paper probably is a draft copy of the proposed settlement, one which you could modify or reject before the hearing.  That is not a violation; such draft versions of potential agreements are common exchanges during the process of settlement negotiations.  From both parties.

rubyruby27

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Re: Recieved Court ordered Stipulation for Payment
« Reply #2 on: March 17, 2006 04:15:12 AM »
The letter stated that according to the Pretrial hearing that was on Feb 8, 2006 we agreed to this stipulation and that I am to pay this by March 5--- and the 5th of every month there after or judgement would be  levied against me.

Can a Judge do this if they told you to leave the court room and they would send me notification of the mediation date?  Which they did and it is set for March 28.

No, I don't think this is a proposal.  It definitely says that I lost my case at Pre-trial and it was agreed upon that I make these payments.  I recieved this letter 11 days after the first payment was suppose to be made according to this letter.

At pretrial if you admitted that you owed the money then they set up arrangements to make payments, if you can pay then they hold on the judgement, if not they award the judgment to the Plaintiff.

This COURT ORDERED STIPULATION FOR PAYMENT is not signed by the Judge that is left blank.

I thought that perhaps it was sent to me by error. They didn't figure on anyone showing up and this letter was what they had intended on sending to me based on them getting a default judgment.  But somehow it was sent to me.  It doesn't have a anything on it saying this letter is intended to collect.

So, I should call the attorney's office and ask them what this letter is for? I plan on going to mediation armed with everything I think I need to win.

Was hoping this letter was illegal and they were trying to scare me into making a payment. Thereby admitting the bill is mine and they won thier case.

It did scare me thought for a moment I was mistaken on the date of the mediation and I didn't show up and they got a default judgment.  Had to read the letter 3 times to figure out something wasn't right.

Thanks, will call the attorney's office on Monday and see what this is all about.

hannah

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Re: Recieved Court ordered Stipulation for Payment
« Reply #3 on: March 17, 2006 12:29:26 PM »
The letter is the order the Plaintiff wants in judgment from the Court. If it is not signed by a judge, it is not an order. I would not call the attorneys unless you want to settle with them before the mediation hearing.

Rottweiler

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Re: Recieved Court ordered Stipulation for Payment
« Reply #4 on: March 17, 2006 09:32:45 PM »
There really is no reason for the OP to not contact the attorney's office if settlement is a possibility.  You may be thinking "entrapment", I am thinking "Last-ditch attempt to bludgeon a "stip" to favor the client before it goes to mediation.  Because if it gets there, our case is weak enough that we are not going to have a very good chance of prevailing against the defendant!"

In other words, her case looks a lot better than one might suppose, and if she makes the move to at least attempt to come to a settlement (one that would favor her, of course), it'll look better come mediation than if she fails to respond at all.  Note that she need not agree to anything, and should make sure the session(s) are well-documented, in case they twist things to suit them.  What works here is is the very professional, and  honest,  attempt to come to an agreement, with the Plaintiff/plaintiff's attorney.  Such attempts to settle prior to trial is what looks good to the Judge.

xYBDx

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Re: Recieved Court ordered Stipulation for Payment
« Reply #5 on: March 17, 2006 10:41:11 PM »
I smell a rat.

If this didnt come from the judge, and isnt signed, then it isnt an order.

Since it has left this "puzzlement" in your mind, CLEARLY it is a false/misleading document designed to confuse the "least sophisticated consumer" and is therefore potentially a FDCPA violation.

Sure seems that the cursory reading by L.S.C. would come to believe that the judge had ordered you to PAY UP or else, and you'd send them a check.

Toss another counterclaim on the fire as far as I'm concerned. Does it say HOW MANY of these $135 payments will be made, or is it left open ie: for the rest of your life. So if you make ONE payment they have established a contract for your to pay them for the rest of your life.

Trying to thieve a payment out of L.S.C by unconscienbale means... pretending the Judge had issued an order, the unsophsticated person could believe this thing and figure they lost the case.

It smells so fishy it may have been typed by Pussy Bumpansero himself.... "$4 a pound".
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rubyruby27

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Re: Recieved Court ordered Stipulation for Payment
« Reply #6 on: March 28, 2006 01:11:19 AM »
Recieved another duplicate letter of Court Ordered Stipulation for Payment. There is no mini miranda on either one.  Recieved a letter in a different enevlope that has PERSONAL AND CONFINDENTIAL  in bright red letters says I am late on my court ordered payment of 135.00 and the next payment is due April 5. please remit 270, this letter did have a mini miranda.

I smell a rat too.  I don't think by any imagination of the mind this is a settlement offer not the way it is worded.  This is trying to confuse me to admit this is mine by paying them.

fraudfighter

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Re: Recieved Court ordered Stipulation for Payment
« Reply #7 on: March 29, 2006 01:34:56 AM »
Recieved letter from attorneys that say's:

 This cause came before the Court for Pretrial hearing on  date at whicih time, the Court, having heard argument of counsel for Plaintiff, and of Defendant, and being fully advised in it's premises, hereby ORDERS AND ADJUGES the Plaintiff, shall recover the following:

1.  A certain amount plus any addition charges
2.  Entry of Judgment is stayed provided Defendant pay the sum of  135.00 on or before March 4 and the sum of 135.00 on or before the 5th dasy of each and every month
4.  Who the payments go to
5.  If I don't pay then they will file for judgment

Went to Pretrial and this didn't happen when I was present.  Have mediation per Judge for March 28.

Recieved this letter TODAY 16 March

Is this a violation?

How do I use this to my best advantage?

Thanks

 

Whoa.
Is the presiding judge's signature on this court paper?
Is this a signed judge's order?
This could be very serious if some lawyer is forging court orders to try to fool a defendant.

It did not happen when you were present? At pretrial?
What did happen at pretrial?

rubyruby27

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Re: Recieved Court ordered Stipulation for Payment
« Reply #8 on: March 29, 2006 03:01:03 AM »
No, the papers are not signed but I was told they were in the Judge's chamber awaiting signature by the opposing attorney.

Also, just remember the mediator today said she had a copy of the stipulation in the file and there was no room for the Judge's signature.  I didn't see the actually papers she had I did see that it was longer than the stipulation I had and there was a place for the Judge to sign. The opposing attorney also said her copy had a place for a signature, the mediator said is it signed, she of course had to say no, but she added it was with the Judge awaiting signature.  Another interesting thing I remember hearing from the opposing counsel was something about this stipulation was not done in my presence it was done between the contracted counsel Harry (he wasn't there that day) and the Judge.

The mediator said something about a stipulation has to be agreed upon by all parties.  The opposing attorney agreed.

Wrote what happened at pretrial in another post with your name in the heading.

I really to feel that something sneaky occured and they got caught.

fraudfighter

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Re: Recieved Court ordered Stipulation for Payment
« Reply #9 on: March 29, 2006 08:11:00 PM »
No, the papers are not signed but I was told they were in the Judge's chamber awaiting signature by the opposing attorney.

Also, just remember the mediator today said she had a copy of the stipulation in the file and there was no room for the Judge's signature.  I didn't see the actually papers she had I did see that it was longer than the stipulation I had and there was a place for the Judge to sign. The opposing attorney also said her copy had a place for a signature, the mediator said is it signed, she of course had to say no, but she added it was with the Judge awaiting signature.  Another interesting thing I remember hearing from the opposing counsel was something about this stipulation was not done in my presence it was done between the contracted counsel Harry (he wasn't there that day) and the Judge.

The mediator said something about a stipulation has to be agreed upon by all parties.  The opposing attorney agreed.

Wrote what happened at pretrial in another post with your name in the heading.

I really to feel that something sneaky occured and they got caught.

This is just a proposed order.
So you don't have proof of a deliberate attempt at fraud on the court.

rubyruby27

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Re: Recieved Court ordered Stipulation for Payment
« Reply #10 on: March 29, 2006 09:47:51 PM »
I think your wrong on this one, even the opposing attorney said it was for real to her understanding not a purposed settlement or judgement, that is why they didn[t go to court as we had settled this matter at pre-trial.

Rottweiler

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Re: Recieved Court ordered Stipulation for Payment
« Reply #11 on: March 30, 2006 02:12:21 AM »
If you did not settle the matter at pre-trial (and you said you did not), then the order should not even been drawn up.  The fact that it was, but the order was unsigned at the time it was sent to you (and the original had no room for it to even be signed at all) means the order was legally unenforceable.  At best, they could present it as having been a proposal for a "stip" (stipulated judgment)...not a full-fledged court order.

However, those draft proposals are not usually presented in the form of a Court order, although I suppose that could be done.

To present it as a done deal, when it was not, and trying to put one over on the Court that way,  is a form of fraud on the Court. 



“This is a court of law, young man, not a court of justice."
~ Olver Wendell Holmes

rubyruby27

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Re: Recieved Court ordered Stipulation for Payment
« Reply #12 on: March 30, 2006 02:21:08 AM »
Thank you for your opinion. I too can't understand how it could have been written up by anyone for any reason.