Thursday, December 8, 2011

How do courts react in a lawsuit for an account entered in a debt management program?

I am being sued and currently my accounts are all with CAREONE, My question is if anyone has dealt with the court system and being sued when in a DMP?|||It depends if it is a Debt Management Program(Credit Counseling) or a Debt Settlement Company. As well as the attitude of the judge, some judges are really consumer friendly, others are really creditor friendly.





If you are with either type, it won't effect if you owe the debt or not. That is if you owe the debt you are still going to get a judgment against you. However, how willing the court is to work with you will matter on the type of program you are on.





If you are in a DMP and making payments to the DMP in a timely manner. The judge may feel that you are showing "good faith" and make your payments to them equivalent to what they would be in the DMP.





However, if you are in a Debt Settlement Program. This is a program where they actually have you stop paying your creditors in the hopes to get them to settle for a small fraction. The judge may give you a nice 30 minute lecture and then allow them to take further action such as attaching your wages or bank accounts(if your state allows either of these).





Either way SHOW UP for court, because it would be far worse to not show up at all.

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