QUESTION

How do I prevent creditors from going through with a lawsuit?

Asked on Jan 05th, 2012 on Bankruptcy - Missouri
More details to this question:
About a year ago, I was facing some financial hardship and it was getting very hard to make my credit card payments. I enrolled in a program with a bad debt settlement company. Needless to say I recently broke out of the contract with them, after being robbed of for a year. Now two of my creditors are suing me! I enrolled into a much more reputable program, but a few of my accounts are ineligible because of the lawsuits. My next step is to attempt to contact the firms that are now suing me. I was wondering if you could answer a few questions. 1) What are the chances of these firms accepting a payment plan from me and stopping the lawsuits? Or will they want to settle for a lump sum? 2) If I am able to settle with them (come up with the money to that, that is!) what are my chances of settling with them for as low as 25% of what I owe? 3) If I were to be sued, what can happen to me? 4) If I were considering bankruptcy (AS A LAST RESORT!), what all does that entail? How will it affect my credit? For how long? 5) All of this debt is pre-existing to my marriage, the cards are all in my name, if I were to get sued or file bankruptcy, will this involve my husband at all?
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2 ANSWERS

Kevin Elliott Parks
Once a delinquent account has been transferred to an attorney to file suit, it is certainly more difficult to negotiate a lesser settlement. It does happen, of course, but it is more rare than when an account is being collected by a debt collection agency, or even by the original underlying creditor. Typically, if an attorney has already taken the time to review the case and prepare, draft, file and serve a complaint, they've already got sufficient time and money invested in the outcome of the case so they're less likely to accept an amount that's less than the full debt and likewise less likely to accept a payment plan, more often preferring instead to push forward and win an easy judgment which they can then collect upon. Of course, certain facts regarding the amount at issue and the nature of the underlying debt may alter the scenario, as would your ability to pay. Simply put, it never hurts to attempt to make an offer. Usually it is beneficial to have an attorney represent you and conduct the negotiations. Attorneys are typically more effective at reaching an agreement, and likewise the presence of an attorney representative indicates to the other side that proceeding with the case will not be as automatic or as smooth (read: quick and easy) as they'd prefer. The context of your question does confuse me a bit, however, as you indicate both that you are currently being sued and then also "if" you were to be sued. Often an attorney will issue one demand letter prior to filing a case in court. If you've received a demand letter but have not yet been served with a complaint and service of process, you're lucky (relatively speaking, of course) but need to act fast. If you're sued and served, you'll have to answer in court or risk defaulting. Upon either a default or other judgment, the attorney will likely begin collection procedures, which might include liens, garnishments, or other process, depending on the facts. If it gets to that point, you'll certainly want an attorney to represent you. If you are considering bankruptcy, likewise, you should consult with a bankruptcy attorney to discuss with you the various options available to you and the effects you're likely to encounter. A huge hit to the credit score is but one effect, as bankruptcy can effectively prevent you from obtaining credit cards, procuring a loan, or otherwise borrowing funds for at least 6 or so years. Finally, the suit is not likely to affect your husband directly, in that he won't be named. A bankruptcy proceeding may have some indirect or even possibly direct effect, depending on the circumstances. You should re-post parts of this question to the Bankruptcy section to get a more clear answer. At the end of the day, the best course of action ultimately depends on a thorough evaluation of your case and all the attendant facts. It's likely best to consult with and retain an attorney earlier rather than later to help with this process and find the best resolution possible.
Answered on Jan 09th, 2012 at 3:48 PM

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Workers Compensation Attorney serving Independence, MO at Law Office of Nancy L. Jackson LLC
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You obviously have a lot going here and you really should sit down and talk with an attorney. What I see as the long and short of the matter is that you should probably consider skipping straight to bankruptcy. Is there a chance the suing attorney would work out a payment schedule; possible. May require full payment, partial payment with monthly payments, etc. But miss any payment and garnishments against wages or bank accounts will likely follow quickly. Is there a chance the amount could be reduced; possible depending on creditor. But consider if the amount is reduced that you are also subject to receiving a 1099 making the amount "forgiven" a taxable amount to you. With bankruptcy the amount is discharged rather than "forgiven" so no tax issue. There is a lot to consider in determining if bankruptcy is actually the best course of action for you and not easily addressed in a quick email response. Talk with a local attorney ASAP to give you best direction on how you should proceed.
Answered on Jan 09th, 2012 at 3:48 PM

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