Legal Question in Civil Litigation in Virginia
Consent to entry of judgement
I have a balance due on a loan that I have not made payments on for some time.
The company I owe has hired an attorney to collect the money. The attorney and I have talked several times and he has asked me to sign a consent to entry of a judgement.
I countered with the fact that I would I would sign the consent if he agreed to add a statement that would allow for the judgment to ve vacated and the entire matter dismissed after the debt is satisfied.
I am trying to keep this matter off of my civil record for the next seven to ten years.
The attorney stated that the Virginia Court System will only vacate the judgment if it was filed in error.
I find that hard to believe, especially if both parties are agreeable to the terms.
1 Answer from Attorneys
Re: Consent to entry of judgement
READ THIS FIRST: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop reading now.
RESPONSE: You are right to be skeptical. There are many ways you can arrange a deal without having a judgment appear on your credit report. Know, however, that the lawyer is not obligated to agree to your proposal. But if his client is willing to cut you some slack, three options would be: (1) enter into a "stayed" consent order of judgment (in which you would agree to judgment, but the judgment would be suspended and not "docketed" on the books unless you default on a payment plan to pay off the judgment; (2) offer a "confessed-judgment note," where you would agree to the debt and a payment plan, with the understanding that if you miss a payment, they would get an immediate judgment against you, without having to file a case; or (3) you could agree to give them a judgment but agree that they will not enforce it against you (e.g., by garnishing your wages) for so long as you abide by the payment plan. Good luck.