Legal Question in Credit and Debt Law in Georgia
I was in debt for about $40,000 from credit cards and joined a debt resolution place to get out of debt quicker. None of my accounts were behind but I joined it anyway. I was told that if I paid $700 a month that in 2 years I would be debt free. I am now at the end of that 2 years and all they have paid out is $6,100. I am out about $10,000. Is there anything I can do?
2 Answers from Attorneys
Read the agreement that you signed with this company. See if you can terminate the contract and get some of your fees refunded.
I don't know which debt settlement company you were with but most (not all) are scams. In the defense of the good ones, they charge fees the bulk of which need to be paid upfront. It costs money to operate their system and they have costs. It also takes about 1 year on average (could be more or less depending on how much money the client is setting aside to settle debts) before a client is in a position to settle. But the fact that you were not behind does not mean this was a scam outfit. Creditors have no incentive to offer deals to resolve your debts until you are at least 90 days behind. That means you have to stop paying and by then your credit is toast. The reason why people enter into debt resolution is not they are not behind but because an event has occurred in their life (could be job loss, divorce, pay cut or a medical illness) that impacts their ability to continue paying their debts. Something has to give and the first thing not to get paid is the credit cards. So I like it when a person comes to me with current accounts as that means that the client has time to build up a pool of reserves to start resolving debts. Clients that come to me when a judgment has been entered often come too late if they are in Georgia because Georgia allows wage garnishment. By the time judgment is entered, the only option left is bankruptcy if something cannot be worked out. I also don't know exactly what they were doing for you during this 2 year period and why they only settled a few accounts for you so I cannot tell if they were scammers or not.
Full disclosure - I provide legal services to clients of a particular debt resolution company, but they are not a scam operation from what I have seen. But I also provide debt settlement on my own.
I would be happy to take a look at your contract with the debt settlement company. Assuming no conflicts of interest, I may then be able to help resolve your debts for a reasonable fee which we can discuss privately. If you are interested, I can also provide you with the name of the debt resolution company through which I am affiliated and you could become one of my clients through that program. I also have a possible low cost alternative depending on your situation.
Please email me at [email protected] if you are interested in resolving your debts in a non-bankruptcy non-litigation context.
You probably have been ripped off by criminals although more information is needed to know for sure. Most of the debt companies are complete scams, and simply take your money. A handful are just bad deals and eat up much of your money in fees. Very few are legitimate, and you need to check very closely before dealing with one.
With debt problems you always want to meet a lawyer. Sometimes he may suggest bankruptcy. Sometimes he may suggest workout options with legitimate companies. This would be the time to see a lawyer ASAP.