Legal Question in Civil Litigation in Louisiana
Can a creditor change the terms of a judgment rendered by a judge?
On December 2002 I was sued for an account that was past due. This was a joint acct. I reached an agreement with the attorney for the company and agreed to pay $400 monthly beginning with Janaury 2003 the balance was $8947. In Sept 2003 with the attorney fees, court cost, late fees, principal, interest, the total was now $9022 with credit for a payment of $3489. Now I have paid $8489 with a bal of $533.32, the creditor no longer wants the payment to go to the attorney but to them and have tacked on a balance of $5100. Can they now change what was presented in court and can this loan go on and on like the the energizer bunny. they won't provide any thing to me in writing since 2003. They want me to take their word on this acct. and they have set aside the judgment and gone back to the original contract before the judgment. is this legal? I am thorougly confused and don't know which way to turn
2 Answers from Attorneys
Re: Can a creditor change the terms of a judgment rendered by a judge?
You should have a local attorney review all the pleadings, correspondence, etc. It sounds like they are trying to pull a fast on on you.
Re: Can a creditor change the terms of a judgment rendered by a judge?
It sounds like I would need some more facts to give you a complete answer; however, if the creditor's attorney agreed to a payment plan, then the creditor must adhere to those terms because the attorney was acting as their agent at the time.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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