Legal Question in Credit and Debt Law in New York

Affidavit and Confession of Judgement for a credit card debt?

Hello thank you for reading my question. I am upset over a letter i received from a law firm/debt collector. The firm represents sears for an old credit card debt. Recently i began paying $88 a month towards the 1800 debt. This amount was negotiated by a credit counseling agency for me. Today i received a document called an AFFIDAVIT and CONFESSION OF JUDGEMENT by the law firm, demanding i sign it or else they will pursue further collection efforts. I dont think i should sign it and i am scared to. Why should i sign anything that could hurt my credit with a judgement. I appreciate any explanation of this form. I feel sick now.


Asked on 12/01/03, 3:32 am

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Affidavit and Confession of Judgement for a credit card debt?

You are to be congratulated for your efforts to pay down your credit card.

The goal of the law firm is to simplify the work of the law firm towards collectinbg the balance owed. They are not there to help you. You have no duty or obligation to interact with the law firm. Refer them to the company helping you on your debt restructuring.

This is a little bit confusing to me. If you are paying money, then why was the debt assigned to the law firm for collection? This is highly unusual. I recommend you check whether the money is going to the credit card company. If it is, then you are ok. If not, then contact me.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/01/03, 2:18 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Affidavit and Confession of Judgement for a credit card debt?

Don't sign the agreement/confession. WHile the fact that you are making payments does not mean they have to accept them, you do not have to sign anything they send you...just ignore them. WHen you say your credit counseling agency negotiated the $88 agreement per month, who did they negotiate with? They should have something in writing...but the bottom line is NEVER SIGN ANYTHING THE OPPOSITION SENDS...the worst they can do is sue you and you can avoid the judgment...Good luck

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Answered on 12/01/03, 9:18 am


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