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I am about to get served with papers from a creditor!?*

Okay, this is a bit long so I'll make it as short as possible. I had a credit card, the last name was wrong, i requested it be changed and never happened. I got with Credit Solutions (just regular Credit Solutions, not of America or anything) and they were going to consolidate my bills. Now, my mother tells me i got served with papers, yet she told the sherrif that the name is wrong, the sherrif says that he will have to turn it back in cuz the last name is wrong. So, he said he would be back or something. Now, i spoke to credit solutions and they said just wait till they serve you and then fax in the documents. I want to know what will happen if I do get served and whats the better option. Thanks....

Answers:

1) This is why one should never use debt settlement firms....they have no power to force your creditors to accept settlements....Your creditor is perfectly within their right to take this action. The incorrect name issue might buy you some time....Contact the creditor and try to working something out before this goes to court. If this does not work out...when they correct the name...they'll serve you a summons for a court date...If you loose...they'll get a judgement and your wages could be garnished...if allowed by your state. They can also freeze checking accounts.

2) When you get served it means essentially that your creditor is suing you in court. So you have to go to the scheduled court appearance (or have a legal representative go for you) and explain your case. The creditor will explain their case, and the judge will make a ruling. Now if your case is flimsy, it is likely that the judge will rule in the creditor's favor and make you pay what you owe. It is possible that your wages could be garnished, meaning that a certain amount of your paycheck will be deducted and paid to your creditor. You can always either appeal the decision, which usually doesn't work very well, or you can make a deal with the creditor before your court date. Good luck.

3) Is this Credit Solutions a credit repair or debt settlement company? If so, it's common for credit card companie to just sue rather than deal with settlement companies. Don't count on them representing you in court. When you get the summons be sure to respond within the time provided and show up in court. If you fail to show up, the creditor will get a default judgment. It really would be in your best interest to settle this debt before it goes to court to keep from further damaging your credit. If you go to court, the creditor will probably win a judgment and can then attach your bank account, garnish your wages, and lien your property.

4) I was make my card here.

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