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  1. #1
    Join Date
    Sep 2010
    Posts
    3

    Default Backing Out of a Settlement Agreement

    My question involves collection proceedings in the State of: GA

    Hi, I live in Georgia. I've found myself to be in a dilemma. I was summoned on 9/22/10 for Capital One and states an attorney office that is representing Capital One. So what I've done as of now which I think may have been a mistake is contacted the attorney office and called myself trying to stop anything from going to court and make an agreement to get them to not pursue with lawsuit. So I agreed over the phone to a down payment amount and then a certain amount every month after until all paid. So what do I do but make the down payment over the phone with my debit card. Then they just sent me a consent judgment stating what the payment plan I agreed to over the phone and other that they failed to tell me about over the phone that I don't agree with and thank God at least I haven't signed it and sent it back. I feel like a lot of damage may have been done already because they got a down payment out of me. I still see that I have days left to file an answer, but I'm now trying to see if I ruined anything since they got a payment out of me, but still they have nothing in writing signed by me. I feel I really have been tricked by them in getting me to pay something to them before the 30 day period was up from when summoned thinking the lawsuit would be dropped against me. The more I think about it, they are the 3rd party and not Capital One and I now feel I shouldn't have to pay them anything. I just need some sound advise.
    If anyone have some kind of advise, I am willing to take it in.

    Thank you!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Backing Out of a Settlement Agreement

    The more I think about it, they are the 3rd party and not Capital One and I now feel I shouldn't have to pay them anything.
    Are you claiming that it wasn't an attorney representing Capital One?

    What makes you think you don't owe the debt? And what makes you think that refusing to sign the document means the previous oral agreement is void? Oral contracts are still contracts, and they're enforceable. Your call was in all likelihood recorded, and since you paid over the phone, there's a record of the transaction that would only have happened if you had authorized it.

    You called to try to stop the court proceedings - and you succeeded. Or would you rather have a huge judgment that includes court costs hanging over your head, with the possibility of having your wages garnished to enforce the judgment?

  3. #3
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Backing Out of a Settlement Agreement

    Here's the deal and how I feel now whether one see it my way or not. I feel I made a mistake period and am human and we all make mistakes. A mistake in going by what "they" said I owe and that "they" said was a card I used, when anyone can say anything. I made the mistake in not asking them to provide proof in the first place of what they are "claiming" I owe or that I ever got the card in the first place, because the more I think about it I don't even remember getting that card in particular and ever using a card up to the amount they claim I owe even with interest. I feel I have the right to change my mind about something if I'm having doubts, and that's why I haven't signed as of yet to consent to anything further regardless of what I said over the phone. I was not thinking right when I agreed to anything over the phone without proof. It was when I received that consent judgment form that a light bulb finally went off in my head that if you're unsure about something and have doubts why agree any further to what they are saying and I should dispute what they are saying. Yes they got $150.00 out of me, but that was from being naive on my part without proof and just going by what they said and the fact I was summoned because I had never been summoned before in my life or been in trouble with any kind of law, and I was thinking at first that oh my gosh they are going to sue me and I don't want to go to court and although I don't remember ever using a credit card that would be near the amount they say I owe, that I need to try and settle this thing because I never been to court before and I don't want anyone to sue me. So, that was some dumb thinking on my part that I will admit. I was scared by the summons. Now that I feel that I have a right for them to prove to me what they claim, I want to dispute this. I will be meeting with a lawyer this week to weigh my options on how is best for me to proceed further, something I should have done in the first place, but was not thinking straight at first because I was so overwhelmed. I want to do what is right and "if" I owe on something that I'm not sure about at this time, I feel that one should be made to prove it to me before able to get another cent out of me, because I don't have money like that anyway to just be giving it away on something I'm not even sure about.

    So that's how I feel.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Backing Out of a Settlement Agreement

    You're not going to want to hear this, but the law doesn't care how you "feel".

    You entered into a binding contract, and that contract, whether you like it or not, is enforceable.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Backing Out of a Settlement Agreement

    If he doesn't execute the documents necessary to end the lawsuit, which in this case appears to be a consent judgment consistent with the agreed settlement, I would expect that the credit card company will press forward with the lawsuit and try to obtain a judgment from the court.

  6. #6
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Backing Out of a Settlement Agreement

    Well if "words" are just as enforceable then they've reneged on what they initially agreed to as well. Because I was first told one amount before giving down payment and then after the down payment, when I called to discuss the form they sent that I didn't agree with what was saying, then they told me a whole different amount that was more than the first amount that they initially said was "all" that I owed. So that right there as well have me thinking that I can't take their word for nothing anymore and I can't go by what they say and I need proof now. I'm at least trying because it just does not seem right now, but this is all a learning experience for me. You live and you learn.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Backing Out of a Settlement Agreement

    You are free to litigate in court over the amount you owe. Make sure you answer the complaint in a timely manner, raising all of your potential affirmative defenses, and appear in court as required.

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