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Getting Squeezed by Creditor and Debt Collector

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  • 03-29-2011, 02:27 PM
    Joe S
    Getting Squeezed by Creditor and Debt Collector
    My question involves collection proceedings in the State of: NY

    To make a long story short, my wife entered into a debt settlement program prior to when we got married. She had accumulated $11k in debt between 2 credit cards. We have now paid a total of $6k to the debt company between fees and the pool of money they're supposed to settle our debt with. After 28 months, nothing has been settled and we are now being sued by the credit card company.

    Obviously, we feel helpless. I had a consultation with an attorney and he told me to stop paying the debt company and that the $6k we paid is basically gone. The debt company is telling me they're trying to settle with the company suing me. I'm not really sure what to do or who to believe at this point. Do I handle the summons myself rather than hire an attorney? Can anyone offer advice?
  • 03-30-2011, 08:39 PM
    Mr. Knowitall
    Re: Getting Squeezed by Creditor and Debt Collector
    You cannot "handle the summons" yourself, as you're not a lawyer - you can't represent your spouse in court. You can help her figure out how to answer the complaint and represent herself. It's a judgment call for the two of you, whether it would make sense to hire a lawyer or if your wife is capable of representing herself in court. I would suggest that your wife take care not to default.
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