I am using a consolidation service to settle some credit card debt. I live in MA and am in fear of having a process server show up at my job. Can I be served by a process server at my job for credit card debt collection?
The short answer is yes - but it has to be done in hand. They cannot leave it there. From a practical standpoint, it's probably not going to happen. You'll likely be served at your last and usual place of abode. But there is a more glaring issue in your question that causes me concern.
If you're using a legitimate credit counseling agency, there should be no concern that you're going to receive a summons unless you have not fully disclosed all of your debts to the credit counselor. But your post says you're using a debt "consolidation service." If that's the case - you might be getting scammed. I've written about this topic on my blog, and I've included a link below.
In general, these debt consolidation companies tell you exactly what you want to hear: you'll be debt fee; you'll save money; it avoids bankruptcy. The "scam" is when they tell you to ignore your creditors, don't pay your bills and instead pay them a monthly sum which will be put into a special account. Once the acocunt reaches a certain amount, then they will negotiate with creditors and work with them to take a reduced amount. The problem arises when creditors eventually get fed up with being ignored and they sue. By then, any hope of settling with the credit card company is virtually gone since they have already hired an attorney and incurred the expense of filing suit.
Plus, in some cases, because the credit card company has been ignored for so long, the debt has been sold to a third party. And their fee? Chances are, your'e paying a small amount on top of your monthly payment - but if you read the fine print in your agreement, you're also going to (1) pay them a percentage of the money that they supposedly "save" for you; and /or (2) the first 2-3 months of payments.
Sadly, I have represented a number of people who wanted to try and do the right thing, but ended up in bankruptcy anyway because of these scams. If this sounds like the program you bought into, you need to meet with a consumer bankruptcy attorney to explore your options - and hopefully, you might be able to get some of your money back.
Good luck!
Bill McLeod
Yes, you can be sued by a debt collector and served with a summons and complaint.
I have a client who paid more than $2,000.00 to a debt consolodation/servicing firm based out of Ohio. The debt servicing firm was taking each of her monthly payments and never paid a dime to her actual debt. The actual creditors sued her because they weren't getting paid. After coming to me, we are now attempting to settle her debt with the creditor for a fraction of what she owes in resolution of this lawsuit.
Check your credit card statements and make sure that the payments you have made to the debt consolodation company have actually been applied to your debt.
Even better, speak to an attorney. The best way to deal with creditors and debt collection companies is to challenge the validity of the debt with the help of an attorney and then either attempt to discharge the debt or settle on the amount owed. There is no quick fix, and debt collectors will take advantage of consumers every chance they get.
Please feel free to contact my office should you have any further questions.