Court Mediation Services wants to change debt terms through Novation.

Novation must be agreed upon by all parties. It's doubtful that a creditor would be in agreement. So check with Court Mediation Services and look out for their reputation.

CMS sends a payment using one of their checks to the cc company using the cc company's own tactics; by stating that cashing this check binds them to this new contract that lists the fees and penalties that they will incurr if they charge any late fees, charge any interest, report negatives to the credit agencies that appear on your credit report, etc. Court Mediation Services ALWAYS CASH THE CHECK AND IT IS BINDING. CMS sends $10 each month and they send it intentionally late so the company will add a late charge which in turn incurrs a penalty fee for them. CMS does this until they rack up more in penalties than you owe on the card. It then comes down to wiping your account clear or going to court. THEY NEVER GO TO COURT BECAUSE THEY KNOW THE CONTRACT IS BINDING AND THEY WILL LOSE. I know it sounds too good to be true but it really does work. It takes about 6 to 10 months to wipe out your debt completely and another 6 - 8 months to fix your credit. Court Mediation Services can repiar your FICO because they prove that the cc company never loaned you money to begin with and therefore, cannot report anything to the credit agencies under federal financial law. The credit agencies wipe all negatives from your report because they know this to be true and will not dispute it.
If you have substantial debt, you should seriously consider this program by Court Mediation Services. they will even do this with student loans.

The people in the Court Mediation Services marketing scheme are working overtime to promote the program, but they cannot get around the legal issues and are faced with trying to confuse people about whether or not a debtor can actually assign a debt to a third party without the knowledge and assent of the creditor.

When Daley's program fails, a debtor cannot turn to Daley/Court Mediation Services for assistance. Daley IS NOT an attorney and cannot represent anyone who is sued to collect the debt they allegedly assigned.

The Honorable Judge Roy Bean

Well these are excellent points, but they fall on deaf ears in here.

See, in the shady world of "debt care," nonlawyers represent "clients" (read: rubes) all the time, charging huge bounties for essentially easy clerical work. In some cases, a real lawyer might be able to help the debtor avoid the debt legally or at least settle the debt at fair cost, but what can I say? We hate lawyers. Ego, guys like Daley (Court Mediation Services) and Vikas make bank.

Q.E.D.

Oops, that's "ergo" not ego. Vis. the cons, a freudian slip on Court Mediation Services.

I AM CONSIDERING USING COURT MEDIATION SERVICES.
IT SOUNDS LIKE THEY ARE NT SUCCESSFUL W/ THIS PLAN BECAUSE THE RIP OFF REPORT HAS SOME COMPLAINTS ALSO

KleverWoman's explanation on Novation of Court Mediation Services is comprehensive and accurate. The pattern, once set in motion by the cashing of "novation" checks creates a slippery slope that the CC companies do not climb back out of...nor fight...so far... and its been years with thousands of successful clients.

nice try kleverwoman,but you can't do this with student loans.this sounds almost like FDRS.a complete Court Mediation Services scam.student loans are federal debts.

is there anyone who has been successful with Court Mediation Services and has rid off debt and has a good credit report now

Student loans are only a federal debt if you get the loan that the gov pays all the interest while you are in school. If they are private student loans then yes you can, paulmergel.

Paul is right though. Its a scam.

i'll let your stupidity stand,but yes you want to make insulting remarks toward me or anybody else it will be deleted.

Any succesful clients of Court Mediation Services?
If so is your credit score restored.

Has anyone talked to a real contract lawyer to see if the same plan would work, without the risk of Court Mediation Services ripping you off? The plan sounds logical, but I would be uneasy sending so much money, especially if it didn't work.

Here is a copy/paste of a post by ponderer on the scam.com site will a long thread on this program.


Court Mediation Services is just another program in a long string of programs touted as a means to eliminate your debt through some loophole or process. The people who operate and promote this and, other programs, are preying on consumers who are stressed out and at the end of their financial rope. The successful mark is not thinking clearly and is often willing to cling to hope that is expertly delivered by sales reps. Think for a moment where you were at mentally when you filled out some form on the net for a consult and got a call introducing you to CMS. Frazzled is where. You would have to be to lend any credibility to some stranger calling you with a sympathetic sounding but slick pitch that when boiled down to its basic essence is as simple as ???send me money and you will never have to pay your debt again???. To be certain there would have to be some emotionally appealing filler thrown in. I am sure some current event ???banks are the bad guys, just watch the news??? dialogue too. These are experienced people who will hit every nerve possible. They are nice sounding and patient for you to make a decision. They have to be. If they go for the money on the first call with a program like this you would have totally backed away. What they know is that times are tough for you and the prospect of not having to pay your debt back will start to sink in. In short order, for many of you, that carrot, the thought of not having to struggle anymore, for a mere few thousand dollars, paid to the order of slick sales person and Brad Daly, will begin to cloud your judgment. Critical thinking having been eliminated you will begin to convince yourself this will work. That???s all they have to do. Let you stew on the concept, loose off a little reality and you sell yourself. It???s successful enough to keep um at it from program to program.
From what I have been able to glean, Court Mediation Services has only had recognizable interaction with consumers for something like the last 18 months. Claims of having been at this for 5+ years are a bit dubious in that there is nothing available to substantiate this. It is perhaps likely that Brad has had experience working with consumers on debt related issues that long or, maybe one could speculate that he has done his novation/assignment/torturous interference longer than 18 months. Whatever the case, Brad Daly and his CMS process existed in near obscurity until recently and only found momentum, I would posit, when a ready body of sales reps came on the scene to promote it. There has been some intense regulatory and civil action in the debt relief area in the last couple years and as is the norm, these sales people will float from one elimination scam to the next after the one they promote predictably falls apart or the cops put and end to it. It is likely Brad found traction this way.
Novation is nothing new to the world of debt elimination techniques. It was first offered to the public as one of the many methods of ???send me money and never pay your debt again??? by John Gliha in the late nineties. John even gave up on it. There is good case law on the process in California (perhaps as a result of John???s efforts) and elsewhere I am sure. Brad has gotten creative and thrown an assignment of debt into the mix along with terms that are sure to be breached and is hanging your future on his contract theory. It is an intriguing twist, I will admit. Many theories can be intriguing. Legal theories can be compelling. Bring this theory to an attorney with a dabbling of contract experience and they will likely speak to this intrigue. Take this intrigue to any level of critical thought and it will fall flat. Take the whole process in its entirety and it will be seen for what it is, Fraud.
I understand there is an attorney working for Brad on this. This is one attorney and, he is being paid by Brad which establishes bias. He has to pay the bills and put food on the table and Brad is helping him do that. Nonetheless this fact is bandied about to lend credibility to this scam, er, process. If you truly wish to establish whether this program is the fantasy it truly is, bring it to an attorney with a successful consumer practice for review. Why a consumer attorney? They are not bank or collection industry sympathizers and look for opportunities to go toe to toe with them. In most cases they have already needled through these unsecured contracts the creditors use and many can recite them by rote. There should prove a ready pool of them willing to debunk the latest elimination/monetary protestation scam as they also are called upon to clean up the mess the consumers find themselves in when the scammers are gone.
There have been other attorneys that function in debt elimination and have been shown to have been very wrong in their theorem and approaches. If you are seriously doing research pull up a search on Hess Kennedy, Consumer Law Center, Campos Chartered et al. Here is a recent example of a firm placed in receivership, an attorney disbarred and action taken by several states AG as well as civil action by banks. Here, things went very wrong but not before it ran its course for a couple years and affected over 6000 consumers nationwide. A very unique aspect of this case is that there are aggressive claw-back measures being pursued by those in a position to do so where the promoters are being pressed to return the monies and commissions they were paid (in some cases, to the tune of millions). Look for more of these claw-back measures and the establishment of complicity in the future.
How about Robert Lock and CCDN (Credit Collection Defense Network)? If memory serves Lock associated with the afore mentioned John Gliha who published ???Winning the collection Game??? in the mid nineties and later moved onto novation and I think a brief stint with arbitration claims that went badly. Lock and his promoters are all across the net for your reading pleasure. He and some of the people and businesses connected to him are merrily entrenched in the defense of a class action suit brought in Illinois. If they don???t settle the case it will likely prove to go badly for them. I am sure though, they were confident of their position on things just like Laura Hess above. They are after all attorneys, with all of the credibility that brought to the victims who decided to join the programs.
The point here is that an attorney does not necessarily lend credibility in the absolute. Perhaps Brad???s attorney is willing to risk his bar card with this theory. He may indeed. Someone may feel the need to respond to this and throw attorney credentials or write ups in defense of this scam but save it. Promoters of Lock have been doing that for years.
I do not think it a good use of time to bring out lack of complaints to the BBB and all that bunk. It???s a diversion to make existing and future marks feel good about their decision. Just like the current banking turmoil is used as a diversion. Or, fractional reserve banking, GAAP, banks cannot lend their own money etc??? which have been used in years past and still today. This is all just a diversion used to lull you into the carrot trance I spoke of earlier, until enough time passes for the prospect of never paying your debt again, sinks in. SNAP OUT OF IT! WAKE UP!The scam promoter will try to meet all of your objections with many assurances. One of those objections raised by a mark is how this affects their credit. The scam has to address this. Most people have spent their entire adult life conditioned to fret about it as it affects so many aspects of their lives. The answer is credit repair. Now we???re talking. This will all start to sink in quite nicely. Send money to Brad and the promoter and never pay my debt again and they are promising that my credit will be cleaned to boot and in a mere year or so. I will be back on my feet in no time and getting credit again. If you cannot see where this is going, you are not thinking clearly.
Brad is figuring parts of this out as he goes. This is evidenced by the fact that he was doing credit repair and suddenly he is not. Any self respecting debt guru knows how aggressive regulators are about going after credit repair companies. Not Brad. Suddenly though, he is now outsourcing all of his customers to Alexin for credit repair because he just figured out that he is violating the Credit Repair Organization Act. Posters on this site have suggested that Brad is paying Alexin to perform the credit repair that he promises you. Is this arms length away from him in enough a manner that he is protected from violation of the Act? Using a strict interpretation of it, not likely. Is Alexin, his choice to source you off to, performing their part in strict adherence to compliance? Find out. If not, why not and why would a guy telling you everything is legit that he???s doing, not care enough to check out if who he is schlepping you off to is legit. If he just figured that out, I wonder how long it will take him to figure out that he may be violating the debt pooling laws in WV or perhaps debt adjuster laws in several states. He is after all offering to adjust your debt??? to nothing. This is only the light stuff. It gets heavier as we approach how he may be violating both state and federal UDAP laws (Unfair and Deceptive Acts and Practices). Search it up. Take google for a spin. Learn what it is I am talking about here and while you???re at it encourage Brad and his attorney to do the same. It gets still heavier but, more of that in a moment.
These things progress from what appears to be a solid plan in the beginning but then devolve into changes that repeat time after time. Early participants had all the straight talk and nothing appeared to diverge. As all the predictable aspects of having defaulted on a debt take shape with an increasing number of consumers signed into the elimination scam, things start to change. They already are with Brad. He figured out the credit repair angle as discussed. Most expert debt elimination scammers know not to dabble with government backed debt like student loans. Not Brad. Look for that to stop being offered soon too. Claims of nobody having been sued will then lead to only very few get sued. The ACA and ABA have some pretty talented well paid legal talent. A new twist on an old scam may take a few extra months to strategize their legal approach when suing Court Mediation Services customers. When these suits begin they will do so in earnest and the approach they take will be broadcast to their member attorneys around the country. They will treat these cases with aggression due to the scam nature of them all. When the CMS promoters start preaching and peddling asset protection, BEWARE, the scam has run its course and will quickly deteriorate from there.
Now, let???s get real and look at Court Mediation Services in its entirety. You get contacted by a promoter and are sold on this process and send them money. They keep their cut and send the rest to Brad who then sends his new tortuously interfering contract which, you have been told up front by the promoter, means you do not have to pay that debt back. Brad and CMS own the debt and he is going to use this new contract he sends so that he won???t have to pay the debt back either. He is going to eliminate it. Everyone in this little triangle knows this up front and willingly chooses to participate. You, the promoter, and Brad have planned this out in advance. What I have just described to you is a conspiracy to commit fraud followed by the act of committing fraud. Let that sink in. The nice and sympathetic sounding man or woman who contacted you who is offering you an option to get out of debt, who???s true and only goal is for you to pay them money is blatantly inviting you to conspire to commit FRAUD! Throw in the claims and expectations that your credit will be repaired so that you can get credit shortly after committing fraud and this picture is crystal clear. These people are selling you an opportunity to commit a crime. This thing does not pass the smell test from 100 yards away for anyone applying logic to it.
It gets worse. Those of you going for the whole government backed student loan angle on the scam are conspiring to commit fraud against the United States government! Brad has probably not factored this one in. He will. Look for student loans to be removed from the fraud offering.
I talked about intriguing theories earlier. I just came up with one. Due to the recent banking turmoil the government was forced to take senior bond positions in many national banks. One could theorize that Brad and his promoters and customers have conspired to commit fraud against the U.S. without the student loan angle. See, I told you, many theories have intrigue.
For those of you reading this about Court Mediation Services that are already involved, it is not as simple as ???ya pays yer money and ya takes yer chances???. You are justifying fraud with excuses. Naturally the excuses sound good to you. The scam sales person may have already planted some excuses in your head. ???This is the only chance I have to avoid bankruptcy???, ???The banks won???t work with me so this is what they deserve???, ???I don???t have the money to pay so what else am I to do???, ???it???s a gamble, but if it works?????? Folks this is not some side bet at a p o k er table. This is, pure and simple, you being complicit to fraud.
Let???s move on to exposure. What is the likelihood, since this has been running for a verifiable 18 months, state regulators are already aware of it? Pretty good. How about the feds? Very good. Do you know how this stuff is treated by banks? Be assured that each one of the accounts that have been through Court Mediation Services are in a neat little file at each institution for future use. These files and/or reports of their existence have assuredly already been sent off to the financial crimes and criminal fraud divisions of regulatory bodies like the OTS, FBI, FTC, Treasury and DOJ. These offices know now or, will soon know, all of you who are participating. Federal regulators are now, and have been for months actively engaged in operation ???clean sweep??? as it has been dubbed, with an extreme focus on the bad players and scammers in the debt relief industry. CMS is well within its crosshairs. Customers, promoters, and certainly Brad have exposed themselves to this scrutiny. Not good, not at all. Brad and the promoters will get what they have coming. You as a customer should immediately demand your money back, no matter the duration of your involvement. This will help show you were a victim. If the people you sent your money to are such stand up folks they would give you your money back right? If you told them you have doubts and shared with them this post they would refund you, right? Not likely. These people you trusted are not here to help you. They spent their cut of the money you sent already. Ask brad for the money back that he got. He likely won???t have it either and will probably say that he has performed as contracted so you are not entitled to your funds back. While it may not help to convince him to return your money, don???t hesitate to point out that he contracted with you to commit what you now know is fraud which leads to an inherent problem with that contract he is relying on. They will come off all soothing and say the guy who wrote this (me) works for the banks or collectors or runs some other scam that competes with Brad or other such garbage to calm you down and get you back on the carrot. They will say these and other things and, be wrong.
As you become more aware that you have been scammed into fraud, or that someone is trying to get you to engage in fraud, contact state and federal authorities and provide them with any details they request of you.
Anyone contacted by Brad or his reps having now read this who have been considering paying to enter this scam, send them this post and listen to their responses which will hopefully now sound ridiculous to you.
There will be posts to follow this one made by different types of people. The ones that will attempt to refute any of what I have spelled out clearly hear will be from the promoters (carrot pushers) and, perhaps from Brad Daly (the carrot king) or, sadly from current customers who swallowed all the carrots fed to them. Read these posts but, look at them for what they are, carrot puke. They will be posted in furtherance of a fraud.
If you are currently involved with this program or thinking about joining and have this circular logic/excuse running through your head ???I don???t/didn???t have any other options??? or ???I don???t have the money to keep paying these debts so I took or, will take, the chance that this works???, STOP! You have to step away from the carrot or the fallacy that you have/can send these people money and never have to think about these debts again. Because what you are really saying is ???I had no choice or other options and had to knowingly and willfully conspire to commit fraud???. Your decision has or will boil down to nothing but this reality.

Wow, you are very fluent with your words, blah blah blah alot of big words if you ask me. I am not saying there are not scams out there however alot of the real scams are the so-called legit companies, the credit card companies & loan companies who charge huge late fees and increase interests rates, oh by the way they can only stay in business by ripping off the consumer for not paying, they state this in (BIG WORDS) over and over. If a company charges off or writes off a debt, this means they will report it as a loss on their taxes at the end of the year to be compensated, so why do you owe a collection agency who, paid the original credit on top of the write off they will recieve at year end???? Nice try! People be aware on the advice you recieve on both sides of discussion, you may be hearing from a credit card company!

Much information here is based on erroneous assumptions.

Debt is assumed by other parties daily and is a normal business function.

For example, the original purchase made on a credit card is to Sears or Target, Walmart, etc. and then is purchased (assumed) by the credit card company.

Another example is mortgages which are sold to back and forth among mortgage companies, banks, etc. daily and has been done so for years.

Anyone ever see info that any of these examples has been brought up on fraud charges?

If you are not a bank or collections person, who are you? How do you know so much about CMS and why do you take the time to post such a lengthy and comprehensive denial of the proces?

It's a matter of law, folks. Large corporations can't sign a contract - so the cashing of the "consideration" by them is their acceptance under the Uniform Commercial Code. There is an offer to create a BRAND NEW CONTRACT - not a "novation" of the original one. They are asking the bank to drop the old contract in favor of the new one with the new "debtor" - and in accepting it - they are ALSO accepting the assignment of the debt to the new debtor. ALL THEY HAVE TO DO TO NOT AGREE IS SEND THE CHECK BACK. There is NO question of legality here or fraud - it's very simply an offer with consideration attached. Accept the consideration and you are accepting the offer. What it boils down to is that the banks are too lazy or not caring enough to alter their business practices to accommodate refusing a commercial offer. Bad business practice is NOT a legal defense - and it is about the only one they have.

Law West of the Pecos
Judge Roy Bean



Of the many colorful characters who have become legends of the Old West. "Hanging Judge Roy Bean," who held court sessions in his saloon along the Rio Grande River in a desolate stretch of the Chihuahuan Desert of West Texas, remains one of the more fascinating.
According to the myth, Roy Bean named his saloon and town after the love of his life, Lily Langtry, a British actress he'd never met. Calling himself the "Law West of the Pecos," he is reputed to have kept a pet bear in his courtroom and sentenced dozens to the gallows, saying "Hang 'em first, try 'em later." Like most such legends, separating fact from fiction is not always so easy.

Just in case anyone thinks that POSER is a real judge!!

i think that's enough.