C
cinammon
Guest
What is the name of your state?What is the name of your state?What is the name of your state? california
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C
cinammon
Guest
cinammon said:
Your post is a bit difficult to understand.
From what I gather, you were served a summons and complaint, so you ARE being sued. In those papers are instructions for what are supposed to do. If you are instructed to file an Answer to the Complaint, then you must do so within the time given. If you do not, they will get a default judgment against you.
Hiring a debt elimination company (scam) to handle a lawsuit was a waste of your money and a waste of precious time ! If the 30 days to Answer the Complaint has already passed, and you didn't Answer, then you likely already HAVE a judgment against you.
When was the summons served to you, what date ?
You might be able to get them to accept a payment plan before they get a judgment against you, but you'd better act FAST. Call the plaintiff's attorney and see if they're willing to make a deal. If they are, make SURE you get everything in writing !!
If they cannot get as much or more from you in a payment plan than what they would get with a wage garnishment, then expect them to reject your offer - they'll go for the judgment.
You won't be served with a judgment, but you are likely be notified or a wage garnishment, bank levy (AFTER they freeze your account), or a siezure of your non-exempt property.
Bankruptcy would stop this AND get rid of the judgment, but if this is your ONLY debt, bankruptcy may not be the best idea. Unless you've got a lot of assets, you don't want a CH 13 anyway, CH 7 if you have NO assets.
As for your credit reports, getting a creditor to report 'paid as agreed' on something like this is very tough. The judgment will be on your reports anyway, tanking your scores all by itself.
From what I gather, you were served a summons and complaint, so you ARE being sued. In those papers are instructions for what are supposed to do. If you are instructed to file an Answer to the Complaint, then you must do so within the time given. If you do not, they will get a default judgment against you.
Hiring a debt elimination company (scam) to handle a lawsuit was a waste of your money and a waste of precious time ! If the 30 days to Answer the Complaint has already passed, and you didn't Answer, then you likely already HAVE a judgment against you.
When was the summons served to you, what date ?
You might be able to get them to accept a payment plan before they get a judgment against you, but you'd better act FAST. Call the plaintiff's attorney and see if they're willing to make a deal. If they are, make SURE you get everything in writing !!
If they cannot get as much or more from you in a payment plan than what they would get with a wage garnishment, then expect them to reject your offer - they'll go for the judgment.
You won't be served with a judgment, but you are likely be notified or a wage garnishment, bank levy (AFTER they freeze your account), or a siezure of your non-exempt property.
Bankruptcy would stop this AND get rid of the judgment, but if this is your ONLY debt, bankruptcy may not be the best idea. Unless you've got a lot of assets, you don't want a CH 13 anyway, CH 7 if you have NO assets.
As for your credit reports, getting a creditor to report 'paid as agreed' on something like this is very tough. The judgment will be on your reports anyway, tanking your scores all by itself.
W
willingtocope
Guest
Check your local courthouse...
As LadyNRed said, the debt elimination thing is a scam...get out of it.
Second, before you do anything else, you need to be absolutely certain that what you have is indeed a "summons". Some collection actions issue what appears to be a legal document when in fact its just another way to scare you into paying something. If so, what they have done is illegal.
So...check with the clerk of your local court house to be certain that there has been an action filed against you. If YES, you need to answer it. If NO, you have grounds for a law suit in small claims court against the collector for violations of the Fair Debt Collection Practices Act. The FDCPA has nothing to do with whether you actually owe the money or not...its intended to make the people who collect debts play by the rules.
As LadyNRed said, the debt elimination thing is a scam...get out of it.
Second, before you do anything else, you need to be absolutely certain that what you have is indeed a "summons". Some collection actions issue what appears to be a legal document when in fact its just another way to scare you into paying something. If so, what they have done is illegal.
So...check with the clerk of your local court house to be certain that there has been an action filed against you. If YES, you need to answer it. If NO, you have grounds for a law suit in small claims court against the collector for violations of the Fair Debt Collection Practices Act. The FDCPA has nothing to do with whether you actually owe the money or not...its intended to make the people who collect debts play by the rules.
J
jazzy13
Guest
Negotiate
Because you stated your were in contact with the attorney's office that was handling your debt, and you have been 'served', then what you have is most likely an actual summons and complaint in which case you are being sued and the attorney's office has made their intent to seek judgment clear. Do not think any debt company (scam) will help you with this; they normally lull consumers into a false sense of security saying to sign their bogus power of attoney, pay them, stop contacting your creditors and they will handle everything. Unfortunately, many cosnumers get sued because of this. Now, what you must do immediately is contact the attorney's office and see if they will allow you to do whats called a "stipulated judgment" where you fully disclose to them your situation and what you can pay monthly to repay the obligation. California is a wage garnishable state and if they obtain judgment they would have the right to place a lien on any real property you own and/or garnish up to 25% of your gross income, less fed&state taxes and fica-- you would have the right to a garnishment hearing where you could request the judge reduce that amount to 15%. So my suggesttion is that you voluntarily offer 15% of what you make each paycheck. Doing so, they will most likely enter a stipulated judgment that would not turn into a full judgment entered onto your credit report as long as you pay as agreed. If you fail to pay as agreed then they could seek full judgment ..etc. After you fullfil the stipulated judgment the case would be dismissed. You have unfornuatly waited until the 11th hour to address your situation--but do not ignore it. Racking up defaulted judgments will place in a position to have to file bankruptcy to improve your situation. You can fix this, as long as you realize that they are now holding the cards. Negotiate the best possible repayment you can with the attorney's office.
Because you stated your were in contact with the attorney's office that was handling your debt, and you have been 'served', then what you have is most likely an actual summons and complaint in which case you are being sued and the attorney's office has made their intent to seek judgment clear. Do not think any debt company (scam) will help you with this; they normally lull consumers into a false sense of security saying to sign their bogus power of attoney, pay them, stop contacting your creditors and they will handle everything. Unfortunately, many cosnumers get sued because of this. Now, what you must do immediately is contact the attorney's office and see if they will allow you to do whats called a "stipulated judgment" where you fully disclose to them your situation and what you can pay monthly to repay the obligation. California is a wage garnishable state and if they obtain judgment they would have the right to place a lien on any real property you own and/or garnish up to 25% of your gross income, less fed&state taxes and fica-- you would have the right to a garnishment hearing where you could request the judge reduce that amount to 15%. So my suggesttion is that you voluntarily offer 15% of what you make each paycheck. Doing so, they will most likely enter a stipulated judgment that would not turn into a full judgment entered onto your credit report as long as you pay as agreed. If you fail to pay as agreed then they could seek full judgment ..etc. After you fullfil the stipulated judgment the case would be dismissed. You have unfornuatly waited until the 11th hour to address your situation--but do not ignore it. Racking up defaulted judgments will place in a position to have to file bankruptcy to improve your situation. You can fix this, as long as you realize that they are now holding the cards. Negotiate the best possible repayment you can with the attorney's office.
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