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Summons threatened while we are using a debt management company?
My husband and I just received a phone call from a "delivery" person trying to locate our house. When we asked what he was delivering, he said it was a summons for our unpaid credit with our Visa. 9 months ago, I signed up for a debt mediation service to help us pay off our credit card debt and was assured that they would take care of any harassment, creditor or lawyers that called while they mediated with them on our behalf. They even gave me a device to attach to my phone to push and direct collectors to them to work out a payment plan. However, this mediation company never warned me tha I could be served a summons. Today is Sunday and I cannot get ahold of this agency as it is a weekend. Do Debt Mediation Services handle this summons on my behalf just as they have promised to handle the phone calles, creditors and lawyers? I was assured theat paying off this debt through them was legal and even looked them up with the better business bureau.
The agreement is that I pay them over 300 dollars a month for 5 years while they negotiate and pay off my credit card debt. What do I do if I get this summons? Is my debt consolidation company legally obligated to take care of this on my behalf? Help!:eek: |
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No creditor is obligated to deal with the debt mangagement service. Many of them will because they are more likely to get something on the debt. But if a creditor decides not to accept the settlement offered by the service, they can sue. Whether the service will represent you are how they will handle it depends on your contract with them. |
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A credit card company does not have to work with the mediation service. The service should know if that card company would work with them or not and should have told you if they were not. No, since the credit card company has no obligatoin to work with anyone, unless they get their payment in full, They or any of the other debtors are free to sue you. So unless this card company signed an agreemetn with the consolidation company, they can sue and win. The consolidation company will merely tell you sorry tough luck |
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