What to do if I wasserved a legal complaint for a credit cardbill but I’m in a debt management program?

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What to do if I wasserved a legal complaint for a credit cardbill but I’m in a debt management program?

I’m being served a legal complaint about my credit card dues. But I’m also going through a debt management program to help with paying for the credit cards. Do I still have to go through the legal case? What do I need to do to avoid the legal trouble?

Asked on August 1, 2011 Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Do not ignore the complaint served against you.  You definitely have to file an answer or a default judgement will be taken.  When you file the answer raise as an affirmative defense (ask the clerk to help you write it in) the fact that the card and the debt is included n a consolidation.  Here is my fear: that the company that you are using did not include them or that they are not reputable.  Please get help here asap.  You need to make sure that everything is on the up and up and that the matter is behind you.  You are taking the steps to be on solid ground again.  Do not falter.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Do not ignore the complaint served against you.  You definitely have to file an answer or a default judgement will be taken.  When you file the answer raise as an affirmative defense (ask the clerk to help you write it in) the fact that the card and the debt is included n a consolidation.  Here is my fear: that the company that you are using did not include them or that they are not reputable.  Please get help here asap.  You need to make sure that everything is on the up and up and that the matter is behind you.  You are taking the steps to be on solid ground again.  Do not falter.  Good luck.


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