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Dark04

Debt Settlement Companies

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hi, I'm hoping there is a lawyer here with some advice for a struggling family in Ohio. The link listed with this post is a developing thread with Kb9tbq in which he recommends that we speak with a lwayer and get some advice. The thread is most of the details so far and I won't bore you (or me) by repeating them. thanks again!......Dee http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?p=654#654

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I saw your posts and it seems that you are doing everything you can at this point. You need to check the Ohio code to make sure you file an answer or other responsive pleading on time. The summons and complaint should have the name of the court on it. You can use findlaw to find out your state's rules.

The only other suggestion I have is to see a consumer lawyer about any potential claim against the debt settlement company. You can find lawyers in your area at http://www.naca.net/db.php3

Good luck.

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hi again, I don't know if you're still following the thread on the other board or not but I did speak to another lawyer and the Lawer for Homeland. They both told me about the same thing. 1. Answer the summons!!!! 2. wait and see if the CA for Discover wants to go any farther.

According to the lawyer from Homeland, the answer to the summons will get me 9 + months to gather funds to settle and/or see if the CA for Discover makes any violations.

The lawyer from Homeland is refering us to a local consumer affairs laywer who will prepare the answer. (homeland pays for this) so for right now I'm waiting for Homeland to call me with the referal. I hope I'm going in the right direction here? thanks Dee

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I do not advise people to use credit repair organizations generally. I find that, with about the same effort, you can do it yourself and put the money to better use!

Having said that, I think that it is a pretty good service that Homeland provides you with a lawyer at no cost. The most important thing is to respond properly and on time and if they take care of that for you, I will be impressed. Let us know how it works out.

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well it's been two days (of some very valuable 28 days) and I'm still waiting for the referal. Time to start working on the DV on my own! Thank goodness for Sis on the other thread posting those letters. *sigh* at least I'm not totally uninformed and without resources. The advice on here has been temendously invaluable!!!!!! thanks! Dee

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hi again folks, no I haven't forgotten any of you! I've just been waiting for the summons process to proceed forward so I'd have something to report. Homeland contacted me the other day and is ready with the referal to the local lawyer. I called the office for this local laywer and he in on vacation right now but will speak to me this coming week. (july 21-25th). But the person who answered the phone told me the lawyer has all the info on my account and whatever day I speak to him the next day he will fax me the answer to the summons. so either way I'm comming in well under the date set by the summons. I won't know any more until I speak with him and get the answer to be sent CCRR. I'll keep you all updated! thanks for all your help! I have a feeling I'll be back here begging many many times! *sheepish grin*

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well here I am and usual everyone else is right and I was wrong! *sigh* I got my referal from Homeland and he is giving me the "answer" to the summons in the next couple of days. BUT.....here's the rest of the story:

the referal lawyer is giving a single answer to a double summons (both DH and I got one) he says it will acknowledge the summons and dispute the $ owed and will request a dismissal. He says this will be followed by a pre-trial hearing in which we try to settle with the CA per judges orders. if we don't settle then we go to trial.

but since I've found you guys, I'm not so dumb anymore! *grin* so I called an attorney who specializes in certified financial planning. I have an appointment with him next week and he says NOT to mail the "answer" until he sees it. I'm not sure if he can actually help us out yet but it sounds like he can (then again, I fell for the debt settlement company crap too) I'll keep you up dated and hopefully next time I write I'll have a new lawyer who is fighting for me and my DH.

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I am glad you are being careful. No matter how much the plaintiff is suing for, this is important and you want to get it right.

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I looked at your answer and I am really sorry but I just can't offer any suggestions. That type of answer is so different than anything we would file in California or in Federal court.

You are right about not wanting to say something in the answer that is not true. However, some states permit a "general denial". This is where the defendant denies each and every allegation in the complaint and further denies that plaintiff is entitled to any relief whatsoever. If that was what was proposed by the first lawyer and it makes you uncomfortable, try looking up the statute that permits it. In most states, it is a device that saves the defendant from going line by line through the complaint admitting and denying specific allegations

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actually a general denial I could have maybe convinced myself to submit. but the answer the first lawyer wrote up had about 5 paragraphs (5 numbered answers) and three out of the 5 were not true. 2 of the numbered answers I omitted were verifiable lies too (which scared me) they claimed we (DH and I) lived off the credit due to financial reasons. when you look at the statements you can see that a lawn mower bought in 1998 is not really something you NEED to live. I don't even claim to understand the court proccesses and I sure don't claim to be/understand lawyer talk but I'm pretty darned sure you NEVER lie in court (ok, at least you're not supposed to) so I didn't think submitting something I know was a lie was a good move on my part! *grin* I guess I was hoping what I did submit will allow for a little compromise and communication between them and me. thanks for the input though! I mailed those CRRR yesterday (26th) and hope to hear something soon.

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