Legal Question in Credit and Debt Law in California
Wage Garnishment and Lien
I have been with Consolidate program for three years now. I believe that they have messed my credit up ready bad. I called them several times to see what is going on, but it's never been solved. Now my creditor is coming after me which means:
1) They have sued me and have a lean against my house
2) Now they have Earnings Garnishment
3) Now my other credit cards has gone through collection agency
My main reason is why is this happening? I thought that going through the Consolidate program will help me, but instead it turn around against me. I'm really unhappy with this program and I feel like they are not helping me and making my credit worse. I would like to have someone to check with the program that I'm going through (Consumer Credit Counseling Service).
Last but least, I would like to know if the creditor's attorney has the right to deliver subpoena letter and etc to my work place and harassing my work place. I feel like it's invading my privacy. Please help me solve this program and I would like to know if there is any lawyer that you could recommend me to. Now my credits are really bad and it's because of going through this program.
1 Answer from Attorneys
Re: Wage Garnishment and Lien
A creditor's agreement to accept a debt consolidation plan is completely voluntary. It is possible that you or the consolidation agency breached the agreement by not making the payments. Then the creditor would have every right to sue you. Clients in debt are usually better off with a court-ordered payment (Chapter 13 bankruptcy) instead of debt consolidation.
The creditor cannot harass you at work or contact your boss about the debt. However, they can serve you at work with the lawsuit and they can server your employer with wage garnishment papers. A bankruptcy would stop the wage garnishment and other debt collection activities.
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