Default judgement of 18k from CitiBank. I'm a widowed single mom, no job, disabled, no money in the bank,leased vehicle, a home valued at 130k w/86K Mortgage.150K AZ homestead protection applies.
Sent an offer of $4500 (money loaned from family) w/the stipulation that they file to dismiss the judgement w/prejudice & mark it as paid in full. Got a rejection letter & a counter of $9500,agreeing to file Satisfaction of judgment & report it as "settled in full" NOT paid in full.
How can I get them to agree to file to dismiss the judgment, once the settlement amount is agreed upon?
I see no point in paying it at all, if it will only show up as "satisfied" instead of being dismissed completely.
This should all go in your letter responding to counteroffer. You are basically judgment proof and they will get nothing if they will not agree to your offer.
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If you provide them with an explanation as to why you want the stipulation for dismissal instead of a satisfied judgment, they might bite. On the other hand, you can always give them a choice, such as:
(a) I pay you $6000 and get a stipulation for dismissal of the action; or, if you will not set aside the judgment,
(b) I pay you $500.
That gets the point across pretty clearly. You can also ask them to explain why they are not willing to dismiss if you pay more money.
Good luck!
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