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  1. #1
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    Default Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    My question involves collection proceedings in the State of: California

    So at trial, on April 28th they offered to negotiate. So I offered an amount and after a few calls they accepted. The Judge gave me 30 days to pay. I mailed the check certified with proof of delivery, copied that info and made a copy of the check. It was actually delivered on May 14th, but they have not deposited the check, not responded to emails and phone calls.

    My question's are, 1) Could they act like they did not get to reach for a judgement of the full amount? and 2) What is the best way to file my attempts in court, so I am covered in the case they are doing this?

  2. #2
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    Default Re: Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    Quote Quoting ShaneOceanside
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    My question involves collection proceedings in the State of: California

    So at trial, on April 28th they offered to negotiate. So I offered an amount and after a few calls they accepted. The Judge gave me 30 days to pay. I mailed the check certified with proof of delivery, copied that info and made a copy of the check. It was actually delivered on May 14th, but they have not deposited the check, not responded to emails and phone calls.

    My question's are, 1) Could they act like they did not get to reach for a judgement of the full amount? and 2) What is the best way to file my attempts in court, so I am covered in the case they are doing this?

    So I offered an amount and after a few calls they accepted.
    I don't suppose that you asked for an agreement on the settlement before you sent them the check? You always ask for a written agreement to be sent or faxed or emailed before you send money.

    1) Could they act like they did not get to reach for a judgment of the full amount?
    Yes they surely could. "Thank you for the partial payment on the judgment. When are we going to get the balance?"

    2) What is the best way to file my attempts in court, so I am covered in the case they are doing this?
    I don't see any if you don't have a settlement agreement.

  3. #3
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    Oct 2006
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    Default Re: Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    Quote Quoting ShaneOceanside
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    My question involves collection proceedings in the State of: California

    So at trial, on April 28th they offered to negotiate. So I offered an amount and after a few calls they accepted. The Judge gave me 30 days to pay. I mailed the check certified with proof of delivery, copied that info and made a copy of the check. It was actually delivered on May 14th, but they have not deposited the check, not responded to emails and phone calls.

    My question's are, 1) Could they act like they did not get to reach for a judgement of the full amount? and 2) What is the best way to file my attempts in court, so I am covered in the case they are doing this?
    Disregard the other response that you received. A judge was involved in this settlement therefore it is official. The judge wasn't part of the negotiation but clearly the judge signed off on it since the judge gave you 30 days to pay.

    You have your proof of delivery and copy of the check, I would not worry about it at this point.

  4. #4
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    Default Re: Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    Quote Quoting llworking
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    Disregard the other response that you received. A judge was involved in this settlement therefore it is official. The judge wasn't part of the negotiation but clearly the judge signed off on it since the judge gave you 30 days to pay.

    You have your proof of delivery and copy of the check, I would not worry about it at this point.
    You are SO premature in your response and your comment to disregard the prior poster's advice it's ridiculous. Here's what you don't know...

    HOW involved the judge was in the settlement talks or what exactly the order or minutes say. The OP says after a few CALL, they accepted an offer. Did this call take place before or after the hearing? Was there 30 days to come up with a settlement and have it paid or was a continuance granted because the hearing was a settlement conference (which are mandatory in CA). Was there any writing as to the settlement? Who accepted the settlement? The company or the attorney? It appears to be clear to only you (who has probably never been involved in a civil proceeding in CA a day in your life) that the "judge signed off on it." That's not the way it works.

    So while you think Budwad should be ignored and you are correct, I'd actually say that you should be ignored and the OP should answer Budwad's very valid questions.

  5. #5
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    Default Re: Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    Quote Quoting llworking
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    Disregard the other response that you received. A judge was involved in this settlement therefore it is official. The judge wasn't part of the negotiation but clearly the judge signed off on it since the judge gave you 30 days to pay.

    You have your proof of delivery and copy of the check, I would not worry about it at this point.
    I don't think you understand the post. A judge was not involved in the settlement. All the judge said was that he had to pay within 30 days.

    So at trial, on April 28th they offered to negotiate. So I offered an amount and after a few calls they accepted.

    The OP asked during the trial if the plaintiff would entertain a settlement. OP contacted the plaintiff and after a few phone calls some sort of settlement amount was agreed upon. It was not part of the court proceedings.

    - - - Updated - - -

    Quote Quoting CourtClerk
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    So while you think Budwad should be ignored and you are correct, I'd actually say that you should be ignored and the OP should answer Budwad's very valid questions.
    All I did was answer OP's specific questions based on his post. I made no assumptions. The facts mam, nothing but the facts. If OP doesn't have something in writing, it becomes one word against the other.

    I take the OP chronology as he writes it.

  6. #6
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    Default Re: Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    Quote Quoting budwad
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    All I did was answer OP's specific questions based on his post. I made no assumptions. The facts mam, nothing but the facts.
    You know what they say about ASSumptions...

  7. #7
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    Default Re: Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    Quote Quoting CourtClerk
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    You know what they say about ASSumptions...
    Yes, I know what they say but I made no assumptions. I took OP's post in the order he wrote it in. The judge gave him 30 days to pay. That could have been the full amount of the judgment. OP then calls plaintiff and negotiates a lesser amount. That is the way I read it.

  8. #8
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    Default Re: Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    Quote Quoting budwad
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    Yes, I know what they say but I made no assumptions. I took OP's post in the order he wrote it in. The judge gave him 30 days to pay. That could have been the full amount of the judgment. OP then calls plaintiff and negotiates a lesser amount. That is the way I read it.
    It wasn't you I'm saying made the assumptions.... it was ll

  9. #9
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    Default Re: Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    Just to be clear, the judge requested the amount negotiated and asked for other details in the court. All details of this was documented in court, including my request of how to prove I sent the money in the case of any issues. The judge told me to do exactly what I did, said I have 30 days and another date set for 60 to I believe process judgement if not paid. The only concern I have is how to prove I took those actions, as in a form to submit to court and/or any way to prevent a judgement if that is their angle, by not accepting my check.

  10. #10
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    Default Re: Creditor Has Not Cashed Check for Collections Lawsuit Settlement

    If the settlement was on the court record and you have the proofs that the payment was made in the amount agreed to, I don't think you have much to do unless someone says otherwise.

    You can send a simple letter brief to the court under your caption attaching your proofs. Then just wait.

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