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My settlement story and question.

Date: Thu, 05/11/2006 - 17:58

Submitted by anonymous
on Thu, 05/11/2006 - 17:58

Posts: 202330 Credits: [Donate]

Total Replies: 31


Between my husband and I, we have 8 cc's and we raked up 25,000.00 in debt. I did contact a cc councelor and they wanted to consolidate and it would have only saved me 35.00 free and clear disposable money. I have 2 children and 35.00 was not going to cut it. We were paying out 650.00 monthly in credit card minimum payments and we were not having enough money to take our children to the Dr. or purchase medication. I contacted a lawyer to file bankruptcy and had the 950.00 to pay them, however someone told me that debt settlement could help me and it would be way better than bankruptcy....I did not want to file bankruptcy. I checked with the BBB and found a reliable company and I have been with them since 10/2005. They saved me several dollars!!!!!

Ok, They warned me at first that Sears is very aggressive and does not like to settle anything....pretty much all our card companies are working with the settlement company except Sears. This heifer called me at work and threatend garnishment, wanted to know how much I was paying my settlement company, threatend that I needed a lawyer, they were suing me and all sorts of crap. I finally got smart and asked her name and she refused to tell me her name....which made me think something was fishy...I told her to put it all in writing and hung up.

I called the settlement company and they calmed me down, I was crying my eyes out. They told me that I would not go to jail and the worse case scenerio being that If I got served a Summons, then to fax it to them, they would call the attorney and make decent payment arrangements for me and then drop them from the program and lower my monthy payment to accomodate the arranged payment, but she assured me that she did not see that happening. I was told that they sometimes loose interest and move on to someone else that falls quick to their evil scams and send them money.

My question is: Does this sound right? Do you think they will haul me to court? Try to garnish my wages. MY whole paycheck goes to bills....what if they put a freeze on my checking acct? I live pay check to pay check and my check is gone the day it is automatically deposited. I am scared to death.

Then the Settlement company assures me that after completing the program my credit score will rebuild quickly because I was allowed to keep one credit card open.

Plus, I own nothing... I am paying on my vehicle and I will be paying on house for next 33 years. SO, what could they take? My rings off my fingers? TV? Computer? lawn mower?

I am scared to death....

Please help.


thank you for responding to me so quickly. I am desperate for someone to talk to....

It is a settlement company I am enrolled in...not consolidation. Or are they considered the same? So, your telling me they can't garnish my wages if I am enrolled in this company? and they can't freeze my acct if I have nothing in it saved up. My husband plays electric guitar for his own entertainment and I am worried they may come into our home and take his guitar and amp....?

So, do you think they just are wanting their commission and will blow it all off and later settle with the settlement company? See the highest is four cards with about 4000.00 maxed on all four of them and the other 4 cards are like 1500.00 max on them.


lrhall41

Submitted by on Thu, 05/11/2006 - 18:26

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They can't take anything! The only thing that comes close to that is thier insistence that you get a home equity loan to pay them back!

For me to know more about your program and understand it, I'll need some details about the terms of your agreement with the company.

No again, since you are taking action on this, they can't garnish wages even if they say they will, they can't even do that without a judgment. If ever they have your served with a summons, just go to court on the day, bring all your financial docs, including the agreement you have with that company, and the judge will throw it out. Just keep in mind that third party collectors always talk throught their butts.


lrhall41

Submitted by Jedi Mistress Ari on Thu, 05/11/2006 - 18:32

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No credit company can take actions without court orders. Besides, you have involved your counselor in this process. I am sure he will take care of the situation and handle the credit company. The counselor won't let the situation of garnishment to arise. Keep in touch with him and know about the activities of Sears.

You just need to dedicate towards the monthly payments set in the plan. If you don't fail in making these payments, you will come out free from all past debts.


lrhall41

Submitted by Gretchin on Thu, 05/11/2006 - 18:39

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They threatened me with the summons for money judgment and pulling my asset information, which we have nothing. They said, "it will all come out in the end sista, the washer will come clean!" So, should I have to go to court and the judge throws what out? The garnishment or the judgement? I mean, I will still owe them money right?

Someone told me too, that if I settle with a company through the company I am with, then years later they can pop back up and say they had not settled, but CNI tells me I will have all my verification letters at hand....for my verification.

The Judge will not look at a settlement company any different than a consolidation company?

Your so kind to help me, I am sorry for bothering you, but I have lost sleep over this since yesterday and my friend shot and killed herself a month ago and I have about as much as I can handle right now....


lrhall41

Submitted by on Thu, 05/11/2006 - 18:39

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Hi Linda

I am very sad to hear about your friend and feel your loss. Trust me, you don't need to fear so much from the credit company. They get success using scary tactics on people. I hardly guess if the company will ever take the case to the court, but if they do, they have to arrange for all legitimate details. Besides, the judge will consider your plea first before making any decisions. Nothing will be that worse as you are thinking. Instead, the counselor will take you towards improvement.

Linda, I will appreciate if you register in this website so that we can send you some more information through PM.


lrhall41

Submitted by john on Thu, 05/11/2006 - 18:46

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I tried to register, but it said someone would call me and I had to change my phone number to keep the people from calling me and I don't trust internet and I am no way putting my phone number out there....
can I register without my phone and does it matter if I am enrolled in another settlement company and not this one. THIS IS THE BEST FORUM, ONLY FORUM I have found to help me talk to others in my situation.


lrhall41

Submitted by on Thu, 05/11/2006 - 18:53

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I did all sorts of research today and my brain hurts.

I saw where this one woman on here said that they were seizing her bank accts..I freaked out.

So what happens if the judge throws out a judgement because I am enrolled in a debt settlement company...explain why she would do this? I mean what does that really mean if she throw it out? I don't owe the money anymore or what?


lrhall41

Submitted by Linder Lou on Thu, 05/11/2006 - 19:10

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oh, ok....I understand.

They have to get a judgement in order to try to garnish or lien...????? Judge throws it out and they can't garnish or lien me? Am I right?

Long time ago, about 5 years ago I have papers served on me where a local hospital put a lien on my place...I never went to court and no judgement was placed on me....HOW DID THEY DO THAT?


lrhall41

Submitted by Linder Lou on Thu, 05/11/2006 - 19:15

( Posts: 87 | Credits: )


I am so tired, I am heading to bed, but I thank God I found this forum tonight and will be back tomorrow.

Jedi...
I never received anything to go to court on the hospital judgement that was by default..I don't think I did anyway. Maybe I threw it away. What if court is to far away for me to drive to? and I can represent myself?


lrhall41

Submitted by Linder Lou on Thu, 05/11/2006 - 19:20

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My settlement company told me that if they call me again on the phone at work to try to issue me a "summons" --my company tells me they are fake and third party can not do that.

I did not know that they are required to give their FULL name to you, or they are breaking FTC regulations. I am just going to tell them to put it all in writing and that I can not have calls at work. I will mess with their heads next time they call me. Someone told me that this business is done in writing NOT the phone. The phone call should have been my first give away that is was a nasty person on the other end.


lrhall41

Submitted by Linder Lou on Fri, 05/12/2006 - 05:30

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I am with a debt settlement company as well and I can understand your situation. I have thought about one creditor who might sue me. I've talked to my debt counselor about it and they have assured me that they reach settlements with creditors every day, including mine. I had one creditor continously call me at work and I had to keep repeating myself not to call me at work. I would keep track of all the phone calls and relay the information to your debt counselor. I'm not sure if the judge would throw the case out from what I've been told but you can always ask for more time to settle the debt. I think if it comes down to it, it will play in your favor that you are with a debt settlement company. Get some sleep :-)


lrhall41

Submitted by on Fri, 05/12/2006 - 13:52

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Right, but they do have a good record with the BBB only 3 complaints, Superior Debt Services which is a member has had 11 complaints. Membership with the BBB doesn't mean a whole lot. The record with the BBB does. My company is not a BBB member and we are one of the most respected Canon dealers in the country.


lrhall41

Submitted by mattyk151 on Tue, 06/06/2006 - 12:30

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NO one can garnish your wages without a judgement first, one has to sue you first, sending you a warrant in debt, then you would have to be found guilty , a judgement only means that you owe the money. at that point, they can garnish your wages, etc. but they have to get a judgement. What settlement company are you using. I am working with one and I have to tell you that anyone can sue anyone. I received 2 warrants in debt and courtdates at my local city hall for citibank and applied card bank. It does not matter if you are with a settlement company or not.......they still CAN sue you. I am walking living proof of this.


lrhall41

Submitted by on Wed, 06/07/2006 - 15:57

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Terry,

I am very sorry to hear about your situation. If you are asked to show your appearance at the court, take all the documents with you and prove your innocence. It's the settlement company that is responsible for this mishap, not you. I guess you have been regular with your payments towards the new account opened in the program. After reviewing your case thoroughly, the judge will issue warning notice against your settlement company and you won't be held guilty.


lrhall41

Submitted by Justme on Wed, 06/07/2006 - 16:18

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