A creditor has verbally accepted a payment plan with a consumer credit counseling agency & had a sheriff deliver a debt warrant

Asked about 1 year ago - Lexington, VA

Can they do both ? what is my legal recourse ?

Attorney answers (2)

  1. Carl H Starrett II

    Contributor Level 16


    Lawyers agree

    Answered . Mark Twain once supposedly said that "A verbal agreement is not worth the paper isn't written on". Without a written contract, there is no way to define the terms of what the creditor agreed to even of that admit to agreeing to the payment plan. You didn't say what the specifics were for the plan.

    You are being sued for nonpayment of a debt. Perhaps the creditor wants the terms of the payment plan confirmed in writing before a court. Perhaps the reneged or really didn't agree. What you need to do now is see a local attorney who does debt settlement or bankruptcy to see about what your rights are now.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more
  2. Rixon Charles Rafter III

    Contributor Level 20

    Answered . Option one-Defend yourself in court with evidence that they agreed to a plan and agreed not to sue you. Your claim without evidence will not likely be sufficient.

    Option two- ignore the warrant in debt, lose and plaintiff wins judgment against you.

    Option 3- hire debt collection attorney to defend you. There are ways to beat the debt collectors.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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