Q: If you are paying on an agreed amount on a debt can they legally put a judgement after the agreement was made?
Agreement with debt collector was made Aug 2016. They put a judgement/lien against my home Nov 2016. Can they legally do that after I was paying and still paying 18 months later? They take it out of my account automatically. I looked on the county clerk website and it states there was an ADR listed on 3/10/17. I am selling my home now and I am having a lot of grief over this.
A:
The answer is, it depends. The creditor may have already had the judgment recorded when you entered into an agreement to pay them. You may not have had as a part of the settlement an agreement that no judgment would be entered against you. (An attorney may have saved you from this issue.)
I realize that you are saying the judgment was entered after you entered into the settlement, however, sometimes the clerk's records have incorrect dates on them
You need to go back and look at the settlement agreement to determine if your agreement had a provision that no judgment would be obtained as long as you made your payments.
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