Results 1 to 5 of 5
  1. #1

    Default How to Force a Judgment Creditor to Accept Payment That Has Been Agreed Upon

    My question involves collection proceedings in the State of: California

    I have a small claims judgement from 2007 for $4800. I have been in contact with creditor for 2 yrs. We have agreed for over two years on a settlement of $2400. However the creditor says I'm not in they're system any longer and show a zero balance due and have no idea where to apply my payment or who I should pay. The court or them. I agreed to pay the court but requested a formal agreement letter to submit with the payment to court so I can also file a satisfaction of judgement. This has been the hang up for 2 yrs. I don't know what to do anymore. I want to buy a house but this is holding me up. How can I get the creditor to resolve this issue already. Ive never heard of a creditor refusing to accept your payment because they don't know where to apply it. The simple solution is to get the formal agreement letter from them and pay the court. But I cant do anything when they wont provide that letter to me. They now seem to be ignoring my calls and emails. Which is unheard of when your willing to pay someone money. I have an email string where they agree to my settlement of $2400. But in the same email they state they don't know where to apply my payment because they're new system shows a zero balance and no money due. They also don't know who I should pay them or the courts. Is there anything I can file in court to force them to resolve this issue. Would an agreement by email exchange be sufficient to show the court clerk they agreed to settle for less than what's owed and pay the court that amount.
    I called a debt settlement attorney today and he says he doesn't know what I can do at this point. But he also said he would need 5K to look into the issue with no guarantee that he can resolve it for me. Why would I pay him 5k when he just told me he doesn't know what to do in this situation. I really don't know what to do from here. Any and all advice is more than appreciated!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Force a Judgment Creditor to Accept Payment That Has Been Agreed Upon

    If you have an email from two years ago where you had the opportunity to settle the debt for $2,400, and you chose not to accept the offer and pay the money at that time, all other complications aside it's not reasonable to expect that a court is going to make them now accept partial payment. It's also a matter for the judge, not a clerk. Nonetheless, if they are as disorganized as you suggest, perhaps they won't respond to your motion or will decide to accept the money and close the matter out.

    You have the option of petitioning to pay the judgment to the court. See Form SC-145.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Force a Judgment Creditor to Accept Payment That Has Been Agreed Upon

    However the creditor says I'm not in they're system any longer and show a zero balance due and have no idea where to apply my payment or who I should pay.
    then ask them to issue a letter stating you fulfilled the obligation of the judgment

  4. #4

    Default Re: How to Force a Judgment Creditor to Accept Payment That Has Been Agreed Upon

    We verbally agreed on the settlement 2 yrs ago. Just recently in December 2015 did they respond by email that they would accept the settlement of $2400. So even now the agreement to settle is new. I have been transferred from employee to employee for the last two years as they seem to have a large turnover. So every time someone leaves I have to restart the process with the new person that has no clue what I am talking about. The creditor is the Los Angeles News Group leading me to really question why they are having such a hard time understanding what to do. Regarding the motion, what would I base my motion on. would I file a motion to force creditor to follow through with settlement agreement and include in the motion, the email where they agree to the settlement?

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

    Default Re: How to Force a Judgment Creditor to Accept Payment That Has Been Agreed Upon

    Next time you get somebody to agree to a settlement, you should request that they provide a written contract confirming the settlement and then actually pay the settlement. From what you are telling us, your choice not to pay the settlement is the source of the problem.

    1. Sponsored Links
       

Similar Threads

  1. Settling a Debt: Creditor Obtained a Judgment Despite Payment Agreement Made to Keep Out of Court
    By rtayloria in forum Debts and Collections
    Replies: 4
    Last Post: 10-24-2014, 07:21 AM
  2. Establishing an Order: Will a Court Accept the Parents' Agreed Parenting Plan
    By gardenandcats in forum Child Custody, Support and Visitation
    Replies: 12
    Last Post: 05-09-2014, 03:04 PM
  3. Calculation of Support: Ex Wants More Child Support Than She Agreed to Accept
    By Alxmza in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 03-25-2013, 09:20 PM
  4. Collection and Enforcement: Can You Make a Judgment Creditor Accept Payments
    By bluemtn365 in forum Civil Procedure
    Replies: 4
    Last Post: 09-21-2012, 10:16 AM
  5. Debt Collectors: Automatic payment to creditor taken before agreed upon date
    By modarlin in forum Debts and Collections
    Replies: 2
    Last Post: 02-17-2006, 08:59 AM
 
 
Sponsored Links

Legal Help, Information and Resources