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  #1  
Old 10-21-2002, 03:18 AM
paulasmith
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garnishment/summons


What is the name of your state? Washington.
i enrolled in a debt consolidation program. one company i contacted to gather information about my account with them is now trying to sue me (recieved summons 10-12) they did not accept payment terms made by consolidation company. they did not notify me, nor did they send me any statements. i enrolled in program in july, and was just served last week. is this legal? they have my address and daytime phone, and i had been making regular monthly payments from januay through july when i spoke to them and let them know what i was doing. they knew ahead of time i was in the program, the veified the name and pone number of the company i was going through. should't they have sent me somthing? i assumed not recieving my monthly statement was an indication that things were being handld.
  #2  
Old 10-21-2002, 03:49 AM
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Location: Los Angeles, California
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Re: garnishment/summons


Quote:
Originally posted by paulasmith
What is the name of your state? Washington.
i enrolled in a debt consolidation program. one company i contacted to gather information about my account with them is now trying to sue me (recieved summons 10-12) they did not accept payment terms made by consolidation company. they did not notify me, nor did they send me any statements. i enrolled in program in july, and was just served last week. is this legal? they have my address and daytime phone, and i had been making regular monthly payments from januay through july when i spoke to them and let them know what i was doing. they knew ahead of time i was in the program, the veified the name and pone number of the company i was going through. should't they have sent me somthing? i assumed not recieving my monthly statement was an indication that things were being handld.

My response:

You said - -

"should't they have sent me somthing?"

Like what? Flowers? Candy?

They had information that you were in "breach of contract" and the Summons and Complaint was the "something".

That's the only "something" they are obligated to deliver to you. Now, you have an "invitation" to go to court and defend yourself.

IAAL
  #3  
Old 10-21-2002, 04:04 AM
paulasmith
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"sent me something" meant some kind of notfication, that they changed their minds, and conveniently forgot to let me know..so that they could make a few extra dollars-and go buy themselves some flowers andcandy! i hav never disuted this debt, and they told me to go ahead with consolidation-i had to consult all creditors befor listing them on my enrollment form. i had been paying regular, on time payments for 6 months- and would have continued to do so if i had known ho dirty they decided to be. just because someone has financial problems doesn't mean they arebad people-maybe something hppned beynd her control, and rather than file bankruptcy she decided to continue paying her debts, although she now realizes that wiping outall debt just becase i don't feel lie payig is the best option. by the way tanks for your opinion.
  #4  
Old 10-21-2002, 08:38 AM
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Join Date: May 2001
Posts: 6,450
Paula,

You may be getting scammed by the debt consolidation company. They may well not have been making payments or, making them continously late.
I'd call this credit card company and ask for there legal dept. and see if they were getting payments. Are you getting statements from the consolidation Co.? Any other creditors complaining?
  #5  
Old 10-21-2002, 10:26 PM
paulasmith
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i havent recieved a statement from consolidation company. None of my other creditos have contated me with any complaints/problems....
thank you for your sugesion- it is definitely something to considr.
  #6  
Old 10-22-2002, 12:14 PM
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Join Date: Jul 2002
Location: Tennessee
Posts: 3,088
Your creditors are under no obligation to accept the terms of these credit counseling places. You indicated that they refused so they have the right to pursue collections as they typically would. Alot of people misunderstand that signing a contract with these companies is not like filing bankruptcy. There is no stay and no one has to go along with what you propose. I never do.
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