Legal Question in Credit and Debt Law in Georgia
I have a case that wants me to pay $1,917.74 plus 7% interest If I offer to make payments a stipulated judgment of $85.00 for three years will the lawyer accept this?
3 Answers from Attorneys
There's no way we'd know. What did the lawyer say?
You should make the offer in writing. If the client accepts it, the lawyer will inform you. To protect yourself, the settlement should be in writing. Make sure you can keep the payments up. I'm quite sure the lawyer will include severe language in the default clause of the agreement.
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You need to get the details in writing before you pay a dime. Payments should be 1% to 2% of the total debt. Get the interest rate fixed or find out what it will be. Your payments need to be big enough to cover the interest, if any, plus the balance. And some debtors are not banks. They want you to get the debt paid off in 12 months or less. You do the math to make this happen.
The letter or consent judgment needs to state the amount owed, including all interest, court costs and attorney fees (if they are recoverable), to whom payment is made, the address where payment is to be made, how much each payment will be and a directive that the judgment will be marked satisfied once paid.
Even if judgment is not entered right now, the creditor is going to want you to sign a consent judgment. If you want the lawsuit dismissed, then you need to settle the debt in a lump sum.