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Is this grounds to have the debt case dismissed?

Before I filed my answer, I set up a payment plan with the plaintiff.  At that time the agent said they will are still going after a judgment and to ignore all future communication that I will be getting which will state that I am in default, but not to worry because they have on file that I will be paying.  

She said that she couldn't tell me what to do but that I really don't have to do anything.


Is the fact that she did actually tell me what to do "nothing" and to just ignore all the default communication that I would be getting an affirmative defense and/or grounds for dismissal?

Thank you,

Valerie

1 Comment

Hi Valerie, This sounds like a scam. This is a classic ploy of debt collectors. The defendant, the person being sued, contacts the collector without filing an Answer. The collector and the defendant reach a "settlement." And then the collector files for default judgment behind the defendant's back. As soon as a there is the slightest error in the payment plan for the settlement, or as soon as the collector files for garnishment, the collector begins to garnish the defendant's wages at 25% out of every paycheck. 


Generally, the best practice to avoid this scam is this. 

  1. File an Answer. 
  2. Offer a settlement. After the Answer is filed, you have more leverage to settle the case.
  3. Get a settlement agreement from the collector. This should state the case will be dismissed with prejudice once the payment is received. 
  4. Make sure documentation of the settlement is filed with the court so the case doesn't proceed in the meantime.
  5. Pay the settlement amount and make sure the collector dismisses the case. 


To answer your initial question, yes, a settlement is generally grounds to have a case dismissed. Settlement and dismissal should happen together. 

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