Legal Question in Credit and Debt Law in Massachusetts
Summons for a debt in settlement
I received a summons for a debt of 13000. It is one of five debts which are being handled by a debt settlement company. Do I need to provide proof that I have engaged this company, will that make any difference? If any of my wages are garnished there is a good chance I will not be able to afford rent, let alone make settlement payments, student loans, etc. I have recently gotten a second job to try to pay down some of my debt, so I am making an effort. Do I need to hire a lawyer (which I cant afford!)? HELP!!
3 Answers from Attorneys
Re: Summons for a debt in settlement
Which state is this happening in? You had both MN and MA checked on your question. In MA, garnishing wages is not an easy process and most collection companies will not bother. The debt settlement company involvement is not relevant to the validity of the lawsuit itself, but if they are legitimate, they may assist in settling the lawsuit or reaching some kind of agreement. In any event it is important that you answer the complaint within the allowed 20 days. Feel free to contact my office with more details.
Re: Summons for a debt
The creditor has a right to purse its claim against you. It is likely that one office does not know what the other office is doing.
If you received a summons, that means a complaint has been filed against you in court.
DO NOT IGNORE THIS COMPLAINT. YOU DO NOT WANT A DEFAULT JUDGMENT ENTERED AGAINST YOU.
YOU MUST ANSWER THE COMPLAINT. THE ANSWER SHOULD be done with the consultation of a lawyer. An answer will defer the process.
At the same time, contact the debt settlement company and advise them about this, and see what they intend to do about it.
The pressure is on. The question is how you are going to deal with it.
Re: Summons for a debt in settlement
I am very wary of "debt settlement companies." Many if of them are scams - designed to take your money for a few months, and then leave you worse off. Talk to a lawyer about whether this "debt settlement company" is legit. Feel free to call me at your earliest.