Legal Question in Credit and Debt Law in New York
Summons Despite Working with Lawyers
In January a creditor sent my account to a law firm. When I found out about this in April from my credit counselors (KCC) I called the lawyers to see if I could arrange a payment plan. I was told to fax my unemployment stub so we could work out a plan. I had a couple questions, and called them to ask but was forwarded to voicemail. I never received any response from them until 7/9/03. The lawyer called me, and asked if I was still on unemployment. Yes. Then he asked if anything had changed. No. Then he hung up, and I received a summons 2 hours later.
What are my options? I'd like to sue both the creditor and lawyers since they seem shady at best. The creditor continued to collect payments from KCC. I don�t know what happened to them. I read in a thread here that you can call the lawyer and work out a plan to avoid the courts in this case, but I was already doing that.
If suing them is impossible, would declaring bankruptcy before I appear in court be an option? I�ve avoided it thus far because I would rather pay off my debts and try to salvage my credit rating somewhat. But if they are going to completely destroy my rating despite my efforts at working with them I can�t think of any reason not to.
4 Answers from Attorneys
Re: Summons Despite Working with Lawyers
I like Robert's reply better than Neil's, which offers no advise. There is no law suit you can bring against an attorney who is only enforcing the rights of a creditor unless they act in an illegal manner and your story does not provide sufficient basis IN MY VIEW. You should offer to settle with the attorney for a reasonable amount and make monthly payments until the settlement is completed. Since you do not provide sufficient info about your assets no one can provide an opinion about the benefits of filing for bankruptcy protection. YOu don't need to complicate your life...if the attorney won't settle, forget him. The judgment that they obtain would be hard to enforce if you are not working and your enemployment runs out.
Re: Summons Despite Working with Lawyers
I agree with you; these people are not behaving with respect and integrity. As long as they are accepting payments from the KCC organization, they have no business harrassing you for payments. Bankruptcy is an easy option, but make sure you are acting in your own best interest rather than in anger.
Suing them for money damages is a reference to federal fair debt collection laws. Consult KCC or a local attorney to determine your options. Good luck.
Re: Summons Despite Working with Lawyers
You may have other options. Please call my office to schedule a consultation at 718-888-3108.
Neil E. Colmenares, Esq.
Re: Summons Despite Working with Lawyers
You can sue them but it is pointless...you do owe the money--and that is the bottom line. What did your Credit Counseling service do for you,if anything?
Bankruptcy should always be a last option because the consequences are severe. If you feel that this is your only option, shop around for a bankruptcy attorney, who can also advise you. Remember, they all charge relatively the same, and cheaper is not alway better.
Good Luck
RRG
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
