During a particularly bad time both mentally and financially, I didn't pay a settlement with a signed confession of judgment behind it. It says that the receiving party has to issue up to 3 notices to cure. My lawyer claims that his paralegal called us and left a voicemail, but there's no voicemail and no record of her ever calling. He's maintaining that she must have called while "the phone was off" and thus, no record was made.
Is that plausible? My wife (who had no idea I hadn't paid) is now part of the automatic judgment. I can't allow that, she's 7 months pregnant and we need our income (we're not rich, hence the hiring of a terrible lawyer who should have won our case.)
What if any steps can I take?
Answer
If the creditor did not comply with the stipulation then you can move to vacate it. It may be that the lawyer or a member of the firm--not the paralegal--should have given the notice. It may be that he should have sent a notice by US mail. Etc. In the end, however you're likely going to need to pay him. How much we can get it down depends on some imponderables. You did not make this easier by signing a confession of judgment but you know that already.
Unless your wife gave you a power of attorney or she signed the settlement, his entry of judgment against her is very bad cookies. I will not say anything more on the subject without the attorney client and work product privileges being in place. But it looks like your lawyer may be five pounds of nightsoil in a one pound sack.
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