Legal Question in Credit and Debt Law in New York

settlement before judgement?

I have an outstanding credit card debt. I made arrangements to pay the debt and two others through a credit counseling agency. After two months of making payments, the credit counselor informed me that one of the companies did not except the aggrement to pay through an agency. The debt has since gone to collections and I have a day in court comming soon. I also noticed that the collection agency lied to the court and stated that they had served a young girl 18 yrs old with a summons at my home. They clearly stated that the girl was not me. The problem is, I do not have any girls in my home besides my self. I live with my 10 year son, no one else has access to my home. Can I avoid a judgement and make reasonable payment arrangements at the court during my scheduled appearance or is it to late for payment arrangements?


Asked on 4/22/03, 2:39 pm

1 Answer from Attorneys
Neil Colmenares The Law Office of Neil E. Colmenares, P.C.

Re: settlement before judgement?

There are three issues you need to consider.

1) You can challenge the service of process (18 year old girl) by what is called a traverse hearing. However, all this will do, IF you win on the traverse is make them go through the service of process again and in most cases means they do not even have to serve you personally. On a practical level, all this will do is buy you time.

2) You can try to settle with the creditor. Personal experience has shown they are more likely to settle at the courthouse when the creditor AND debtor are both represeneted by an attorney.

3) If all this fails, consider filing for Bankruptcy. This office if available for all your needs.

Yours truly,

Neil E. Colmenares, Esq.

The Law Office of

Neil E. Colmenares, P.C.

45-15 Union Street

Flushing, NY 11355-3440

718-888-3108 (Telephone)

718-888-3067 (Facsimile)

[email protected] (Electronic mail)

www.necpclaw.com (Website)

NOTICE:

This communication may contain information that is legally privileged, confidential or exempt from disclosure. If you are not the intended recipient, please note that any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives this message in error should notify the sender immediately by telephone or by return electronic mail and delete it from their computer. This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.

Read more
Answered on 4/22/03, 3:02 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York