Legal Question in Credit and Debt Law in Georgia
Credit Settlement Companies
I have been looking into an agreement with a credit settlement company that is telling me they can negotiate my debt down. Am I still subject to legal action from the creditors while the settlement company is working towards a settlement?
2 Answers from Attorneys
Re: Credit Settlement Companies
First, beware of companies that claim to settle your debt, unless they are reputable non-profits like Consumer Credit Counseling. Many make claims, and take a large chunk for themselves, and some are outright scams. To your question, there is no settlement until the creditor agrees, in writing. Make sure you actually see a written agreement. Unless and until there is an agreement, they can take action to collect.
Re: Credit Settlement Companies
Run away from most such places. Some are scams and many are under IRS investigation. Some simply steal your money. And absent a written agreement from your creditors, they leave you open to being sued, even if they are legitimate.
The real credit counselors are free. In Georgia you should ONLY deal with Consumer Credit Counseling Service (CCCS) of Atlanta, or CCCS of Augusta, Macon, Albany, Savannah, or Columbus (West Georgia). The CCCS operations are legitimate. If you must look outside Georgia, use ONLY companies that are member of the CredAbility Network or are members of the National Foundation for Credit Counseling.
In some cases, you are better served by bankruptcy so do also talk to a lawyer to know all your options. Only by talking to both CCCS and a lawyer will you know all the best choices for you.
Our office does debt consultations. You'll need a worksheet from www.glenashman.com