Thread: Consent Judgement (Need legal help)

Ok guys i need some help i have what is called a concent judgement on me. Basicly i was summoned to court i went the ni agreed to setup a pymanet plan. I then realized that this had violated me by obtain my Social with out my permission, opened an account with a lending house under my name and pulled my credit twice with out my permission. So i stoped paying. I have just sent in a motion to vacate the judgement under those and a few other terms. Does anybody have andy info or suggestions on how i should proceed. Or what i could say to get out of this, being that i did go to court and sign the concent from, but was not aware of this other stuff at the time

I would be interested in hearing more about consent judgements also.

Back in the days before creditnet, I also was sued and agreed to a payment plan to pay the creditor. I actually worked through a mediator, who told me the problem would basically be remedied if I agreed to a certain amount per month. I agreed.

A couple of weeks later I received a notice from the court that basically said I had a consent judgement entered, with "execution stayed" as long as the payments were made each month.

This has been in effect for almost a year, and I have had no problems. There are no judgements appearing on my credit reports.

I'm not quite sure how these work as far as reporting goes. It almost seems like it is in limbo as long as payments are made.

Is there anything I should do about this or leave it alone? The creditor had sued and provided complete validation. The account had gone to chargeoff recently so I didn't have a whole lot of options with it.

With a "consent judgment," if you stop paying on it, they have a real judgment, and can take other steps to collect the money, like garnish your pay, take the money in your bank account, etc., depending on what your state allows.

Originally posted by t_sims224
Ok guys i need some help i have what is called a concent judgement on me. Basicly i was summoned to court i went the ni agreed to setup a pymanet plan. I then realized that this had violated me by obtain my Social with out my permission, opened an account with a lending house under my name and pulled my credit twice with out my permission. So i stoped paying. I have just sent in a motion to vacate the judgement under those and a few other terms. Does anybody have andy info or suggestions on how i should proceed. Or what i could say to get out of this, being that i did go to court and sign the concent from, but was not aware of this other stuff at the time

Are you saying the account in question was fraudently opened in your name in the first place? and you never should have been held responsible?

Your problem is that you signed a consent judgment. Since you agreed to the judgment, as opposed to having one imposed against you, you probably will not be able to nullify the judgment. However, you can always bring your FCRA and FDPCA actions in a seperate suit and have them agree to reduce or forgive you on the consent judgment.

Then again, Louisiana is weird with these kind of things, but I would assume since you agreed to the "judgment," you cannot vacate it. Also, since you defaulted on the judgment, the creditot actually has the right to start seizing assets. be careful!!!

Originally posted by jlynn


Are you saying the account in question was fraudently opened in your name in the first place? and you never should have been held responsible?

The way it was suppose to happen was crazy. Guy told me i don't need your social just a copy of you credit report and we can do the finance. I said that sounds strange finance with no Social. I said ok i will give you a copy and black out my social. Some how they went and got the Social from under the ink and then inturn opened an account with Wells Fargo. I got Wells to remove and they sent back to the OC and now the OC is who i am haveing the issues with. I did not give them my social nor did i write it down or concent to the opening of an account. That is my whole thing so now i got to try nad work this out.

Originally posted by t_sims224


The way it was suppose to happen was crazy. Guy told me i don't need your social just a copy of you credit report and we can do the finance. I said that sounds strange finance with no Social. I said ok i will give you a copy and black out my social. Some how they went and got the Social from under the ink and then inturn opened an account with Wells Fargo. I got Wells to remove and they sent back to the OC and now the OC is who i am haveing the issues with. I did not give them my social nor did i write it down or concent to the opening of an account. That is my whole thing so now i got to try nad work this out.

So did you receive money from Wells Fargo? Who is the OC? Wells Fargo is a bank.

Just trying to understand.

received no money from Wells Fargo. They just started billing me out the blue. And i stated to them that i did not authorize a Wells Fargo account or anything involving my personal credit. The OC is an unamed appliance company

Your right Louisiana is weird I signed a consent judgement agreeing to pay $200 a month which I have never been late and I got a copy of my credit report and the company got a judgement against me for $1710. I thought it would only be reported if I did not pay on time...Guess I was wrong....I really took a score hit too. I also close on my house friday and was told my loan was good til jan. so they will not be pulling another credit report... Before you sign a legal paper call a lawyer...