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Breach of Stipulation for Payment of a Debt

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  • 08-30-2013, 08:36 PM
    1stlady7
    Breach of Stipulation for Payment of a Debt
    My question involves collection proceedings in the State of: New Jersey

    I was sued for a credit card in which I entered into a Stipulation of Settlement the amount I settled for was $597.00 from an over $800 complaint that was filed.
    I made my 1st payment in during the summer of $100 a month, I had to file a motion to have the premature judgment they put against me for them not receiving my signed Stipulation. The judge allowed me to continue my payments & I obtained a small statement from the courts in order to have the judgement voided from my credit report. I continued my payments until that last one of $97 was due. I ended up having some financial hardships over the winter time, Which included 2 family deaths within a year of each other which I helped pay off the funeral expenses, A hospital stay that further meant twice a month visits to different Drs for the rest of the winter into spring, and a son in his 2nd yr. of college. So my last payment was pushed aside to take care of those issues as I have now gotten myself back into shape to pay this off, So now there was a bank levy sent to the courts in order to collect the original demand amount minus what I have paid so far. Which would be about $400. The clerk had to deny the writ of execution because there was a granted motion/order & a small statement in their system. The collection agency does not want to accept me paying the $97 that I owe, He wants to go for the $400. I totally understand that I breached the Stip.

    So my question is, Is it worth fighting in court to file another motion for the $97 to be paid, Or should I go ahead & make a payment arrangement for the original balance that the attorney is demanding. The attorney will either file a breach of settlement to get the full judgment, file a motion to enter judgement, or they want to settle on payments, I personally just want to pay the $97, keep them out of my bank account.

    I need help
  • 08-30-2013, 08:42 PM
    jk
    Re: Breach of Stipulation
    was there a contract where they would agree to the lesser amount if you stipulated to the debt and agreed to make agreed to payments of some specific amount at some specified time?
  • 08-30-2013, 09:03 PM
    adjusterjack
    Re: Breach of Stipulation
    My advice: Find the $400 and pay it ASAP.

    Otherwise the $400 will grow and grow with additional attorney fees and collection costs and the collection agency WILL be entitled to the money.

    You can bet that the attorney is billing additional amounts every time he opens the file and looks at it or talks on the phone or whatever.

    You aren't likely to get out from under this for $97.
  • 08-31-2013, 01:26 PM
    1stlady7
    Re: Breach of Stipulation
    Quote:

    Quoting jk
    View Post
    was there a contract where they would agree to the lesser amount if you stipulated to the debt and agreed to make agreed to payments of some specific amount at some specified time?

    Yes there was, That is what the Stipulation of Settlement is. And I understand that I breached this, But I am hoping that a judge will take into consideration thru my motion that I have pad every payment on time & that I had run into a hardship moment, And that I am willing to pay the $97 balance that is left
  • 08-31-2013, 01:37 PM
    Disagreeable
    Re: Breach of Stipulation for Payment of a Debt
    It does not matter whether the judge is sympathetic. You had contract A and broke it. You then entered into contract A1. You now broke contract A1. Contract A's terms are enforceable against you.
  • 08-31-2013, 01:45 PM
    jk
    Re: Breach of Stipulation
    Quote:

    Quoting 1stlady7
    View Post
    Yes there was, That is what the Stipulation of Settlement is. And I understand that I breached this, But I am hoping that a judge will take into consideration thru my motion that I have pad every payment on time & that I had run into a hardship moment, And that I am willing to pay the $97 balance that is left

    sorry to break the news to you but in the world of business, sympathy has no value in a contractual dispute. If the terms of the agreement do not disallow it, once you breach the contract, the other party can seek any remedy the law allows. If they choose to seek reinstatement of the original agreement, then that is likely what is going to happen. A judge cannot act contrary to law, even if he feels sorry for you.
  • 08-31-2013, 01:46 PM
    adjusterjack
    Re: Breach of Stipulation
    Quote:

    Quoting 1stlady7
    View Post
    I am hoping that a judge will take into consideration thru my motion that I have pad every payment on time & that I had run into a hardship moment,

    The judge either won't care or will recognize that the creditor also had a hardship. The creditor provided goods or services for which it had a right to be paid, and wasn't.

    Quote:

    Quoting 1stlady7
    View Post
    I am willing to pay the $97 balance that is left

    Anybody would be willing to pay only $97 when hit with a $400 bill.
  • 08-31-2013, 02:07 PM
    1stlady7
    Re: Breach of Stipulation for Payment of a Debt
    I should have known better being that I work in this field & have to give out this kind of advice every day, But there were other bills in my house-hold that took precedence over that last payment. Even though I know for a fact that these collection agencies buy these cases for pennies on the dollar, Once the original creditor has written the bill off as a loss
  • 08-31-2013, 08:00 PM
    adjusterjack
    Re: Breach of Stipulation for Payment of a Debt
    Quote:

    Quoting 1stlady7
    View Post
    I know for a fact that these collection agencies buy these cases for pennies on the dollar

    Yeah, they buy them for pennies on the dollar and, perhaps, for every penny they collect there's probably 99 more pennies that they don't collect.

    I'm not defending collection agencies. They are all scum.

    Just needed to point out how irrelevant your comment was with regards to the "legal" reality of you owing the money.
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