Consent Judgement Entry

[stomper12000]

Hi Suijuris:

Can a "Consent Judgement Entry" be vacated or since I found out that I was ripped off, can I file a Motion?

It states:
Upon agreement of the parties, Judgment is hereby rendered in favor of the plaintiff, Citifinancial, Inc. fka City Loan Financial Services, Inc., and against the Defendant in the principle sum of xxxxx plus interest of xxxxx through January 12, 2005 together with interest thereafter on the principle balance at the rate of xxx percent per annum plus cost of the within action.
It is further agreed that no execution shall issue on the Judgment, except for the filing of a Judgment Lein, so long as the defendant maintains payments of xxxxx per month until the Judgment, interest and cost are paid in full.

I sent them a Document Draft that expires in two months, but they said "what you sent is not a payment" and sent a copy of the Consent Judgment Entry that I signed.

Please anyone chime in if you have experience in dealing with such a situation. This is all that the Judgment says, nothing more. Is it still vague?
Can I file a Motion to Vacate and state that it was a discharge since payment was refused?
Thanks all for your help.

Originally Posted by stomper12000

Hi Suijuris:

Can a "Consent Judgement Entry" be vacated or since I found out that I was ripped off, can I file a Motion?

It basically stated what I agreed to pay each month, how much interest, and includes this:

" It is further agreed that no execution shall issue on the Judgment, except for the filing of a Judgment Lein, so long as the defendant maintains payments of xxxxx per month until the Judgment, interest and cost are paid in full".

I sent them a Document Draft that expires in two months, but they said "what you sent is not a payment" and sent a copy of the Consent Judgment Entry that I signed.

Please anyone chime in if you have experience in dealing with such a situation. Thanks all for your help.

Stomper, this is still pretty vague.

I'd take a stab and say that If this were me, I'd agree that it wasn't a payment, it was a discharge.

Maybe?

Not enough details.

Henry Franklin

[stomper12000]

Thanks HenryBowman:

I'm fighting four cases at once with no help and my wife says she believes me but has the "ostrich" mentality and tears me down every chance she gets and deep down she says what all others who don't know they are still slaves say; "you still got the money!" I spend many hours trying to polish my research skills and have to work 10hrs, a day six days a week thanks to hurricane Katrina. Sometimes I don't realize that my question has already been answered elsewhere or it's in another rule book. I'm not drowning but my arms get tired and at the same time I can see tha shore so I have to go it alone in my area. Many people know of my situation but are too cowardly to do anything, and too damn lazy and want the quick out. I'm not afraid of anyone so if I can find a way to fight, I will. I may be making headway more than I know it but I get confused trying to remedy my situation and direct as many people as possible to the Suijuris web site. I know this will work but it's hell like I'm sure you realize from personal experience. I'm staying strong and let you know all locations of the gallows. Thanks again Henry.

[seeker]

I think this is a key point ... how many signatures does it take to make a contract? Was yours one of them? Do you 'recognize' it? <hint: was it in your possession the entire time?>
If you did consent, did you reserve your rights?

Like HB said, need more info.

seeker

[Judge Roy Bean]

Originally Posted by stomper12000

Hi Suijuris:

Can a "Consent Judgement Entry" be vacated or since I found out that I was ripped off, can I file a Motion?

It states:
Upon agreement of the parties, Judgment is hereby rendered in favor of the plaintiff, Citifinancial, Inc. fka City Loan Financial Services, Inc., and against the Defendant in the principle sum of xxxxx plus interest of xxxxx through January 12, 2005 together with interest thereafter on the principle balance at the rate of xxx percent per annum plus cost of the within action.
It is further agreed that no execution shall issue on the Judgment, except for the filing of a Judgment Lein, so long as the defendant maintains payments of xxxxx per month until the Judgment, interest and cost are paid in full.

I sent them a Document Draft that expires in two months, but they said "what you sent is not a payment" and sent a copy of the Consent Judgment Entry that I signed.

Please anyone chime in if you have experience in dealing with such a situation. This is all that the Judgment says, nothing more. Is it still vague?
Can I file a Motion to Vacate and state that it was a discharge since payment was refused?
Thanks all for your help.

The judgment requires you to make specified payments. They apparently have filed a lien and as long as you make the payments of xxxxx per month until the amounts are paid in full they won't execute the terms of the judgment.

What was the "Document Draft" you sent that "expires in two months?"

If it wasn't a payment of xxxxx they probably don't even have to respond but decided to send you a "reminder."

In order to vacate the judgment, you have to satisfy the terms of it or go back and motion the court to vacate for some other reasonable grounds, i.e., you were "ripped off" (fraud?) and bring the evidence that you were to the hearing.

[stomper12000]

Originally Posted by Judge Roy Bean

The judgment requires you to make specified payments. They apparently have filed a lien and as long as you make the payments of xxxxx per month until the amounts are paid in full they won't execute the terms of the judgment.

What was the "Document Draft" you sent that "expires in two months?"

If it wasn't a payment of xxxxx they probably don't even have to respond but decided to send you a "reminder."

In order to vacate the judgment, you have to satisfy the terms of it or go back and motion the court to vacate for some other reasonable grounds, i.e., you were "ripped off" (fraud?) and bring the evidence that you were to the hearing.

Hi Judge:

They said that what I sent was not a payment. Yes they specified a monthly payment, but did not exclude a full payment so I'm within my rights by sending them all of their money (since they call checks money). Don't they want it all now? I think they just want things one-sided in their favor and not mine. Also, a contract entered into under fraud is null and void. Through their tacit admission, all of which will be filed in court, with affidavits, they have committed fraud. What I'd like to know is if they sold the note, why didn't they give me a reciept? whatever "lien" was filed is on the fiction, not me. Besides, I can send specific payments that they'll refuse as well and end up in the same situation according to U.C.C. "if a tender of payment is refused, there is discharge". Thanks for the response judge.

[charlesa6]

Originally Posted by Judge Roy Bean

The judgment requires you to make specified payments. They apparently have filed a lien and as long as you make the payments of xxxxx per month until the amounts are paid in full they won't execute the terms of the judgment.

What was the "Document Draft" you sent that "expires in two months?"

If it wasn't a payment of xxxxx they probably don't even have to respond but decided to send you a "reminder."

In order to vacate the judgment, you have to satisfy the terms of it or go back and motion the court to vacate for some other reasonable grounds, i.e., you were "ripped off" (fraud?) and bring the evidence that you were to the hearing.

Good Point judge. Absolutely correcto!