steve-d,
I live in a state (Oregon) where the "precedent" in circuit, district, and federal courts related to civil debt laws suggests that before any lawsuit can be tried before jury or judge, the judge will first entertain mediation. If many creditors are working with you on "payment" plans, then I'm guessing the judge will take this into consideration before signing off on an overall judgment that allows the creditor to immediately go after wages, assets, etc.
However, if the party is sued in a civil court, it is up to you to show up for any hearings. In particular, I would guess that if one shows evidence that many creditors are working with you on a reduced interest/payment plan, the mediator will weigh this against an outright judgment leading to all kinds of nasty results.
I doubt that the debt consoildation company will take on the burden of helping one in a legal situation, but you should do some research and see if you can determine if your local or local federal courts require an attempt at remediation prior to any trial.
Many folks think that a debt lawsuit immediately leads to "bad" things, but if you are in a district that recognizes remediation, and have a solid history of other creditors/CAs working with you, I believe the judge will take this into consideration.
As always, there is no guarantee how things will play out. Laws and customs vary from district to district and state-to-state. It is a bit like gambling. You can not know for certainty what the outcome will be.
This is just my humble opinion, but I have been struggling with my own debt negotiations for the past 18 months. In general, the outcomes have been favorable to me. My credit is trashed, but Ihave no creditors/CA's breathign down my throat. This is all about "risk," yours and the creditor's/CA's.
However, with BK offering the ultimate outcome, my personal experience is that in the end most creditors will work with you. I'm not sure of your situation, so results will definitely vary.
Best to you.
TH
I live in a state (Oregon) where the "precedent" in circuit, district, and federal courts related to civil debt laws suggests that before any lawsuit can be tried before jury or judge, the judge will first entertain mediation. If many creditors are working with you on "payment" plans, then I'm guessing the judge will take this into consideration before signing off on an overall judgment that allows the creditor to immediately go after wages, assets, etc.
However, if the party is sued in a civil court, it is up to you to show up for any hearings. In particular, I would guess that if one shows evidence that many creditors are working with you on a reduced interest/payment plan, the mediator will weigh this against an outright judgment leading to all kinds of nasty results.
I doubt that the debt consoildation company will take on the burden of helping one in a legal situation, but you should do some research and see if you can determine if your local or local federal courts require an attempt at remediation prior to any trial.
Many folks think that a debt lawsuit immediately leads to "bad" things, but if you are in a district that recognizes remediation, and have a solid history of other creditors/CAs working with you, I believe the judge will take this into consideration.
As always, there is no guarantee how things will play out. Laws and customs vary from district to district and state-to-state. It is a bit like gambling. You can not know for certainty what the outcome will be.
This is just my humble opinion, but I have been struggling with my own debt negotiations for the past 18 months. In general, the outcomes have been favorable to me. My credit is trashed, but Ihave no creditors/CA's breathign down my throat. This is all about "risk," yours and the creditor's/CA's.
However, with BK offering the ultimate outcome, my personal experience is that in the end most creditors will work with you. I'm not sure of your situation, so results will definitely vary.
Best to you.
TH
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