Help! I'm being sued by creditor! I already answered summons. What now?

I added this creditor to a debt management program 2 years ago & I have made substantial payments every month for 2 years to Plaintiff's attorney. (That's what creditor requested) I have copies of my payment history. A court date has not been set yet. Interest continues to accrue!!! What are my chances with a judge? I can't afford a lawyer...Thanks for any help!

Just what you have written, someone screwed up. First, the creditor must accept the debt management program and you should have something in writting to confirm this. Provided you have made every single pmt as agreed then it sounds like the attorney on behalf of the creditor has not forwarded the payments and or records to the creditor. This often happens when a creditor changes attorneys. In addition, I assume you are aware that you can't bring a lawyer into a civil suit for a judgement. This is handled in most jurisdictions in small claims unless it exceeds the max limit for your state.
I would get any and all records from the debt service as this will ensure that they forwarded the payments to the creditor. I would also make sure to have copies of not only your payment record, but every single check or money order you sent them. Front and back showing when it was cashed. Ask the court to have the plaintiff provide you with a copy of their payment records showing when you made pmts. This will allow you to see what if any may be missing. You may even consider a summary with dates, totals, etc for the judge.
If your debt period has expired and their is still a balance, be aware that they no longer are required to accept payments, and may accelerate the remaining balance. Be sure to verify that the accrued interest is only from the point they refused payments and not all the way back to when you entered into debt management agreement. Bring copies of that document as well, and you may even consider getting copies of your credit bureaus, all three CRA.
If you contact your local state bar association often they can provide you with a list of attorney that do not charge for consulation to solict their advice.
Remember, every state is different and there may be some provisions in your state that even with your records and their records reflecting the same info showing payments as agreed, they may be within their right to sue.
If you come to court prepared, have been diligent with the payments and the amounts being requested are granted the plaintiff, you can ask the judge for payment plan and most will agree. Don't miss even one of those payments or you will be held in contempt of court.
Overall, from what info you gave, you should be ok.

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jack

Just be calm and prepare to defend yourself. The biggest mistake people make who cannot afford a lawyer is not properly preparing their case. Take anything you think you will need to court.

If this is on the debt management program they should have a record of all the payments they have made. Get a copy and put in a folder for court to show the judge.

In pleading your case show them your evidence and ask for all the interest that should not be there to be removed.

In pleading your case. Dress nice (Don't look like your going to a party) & Be polite to the judge but do get your point across. The last thing you don't want to do is piss off the judge

trust me when i tell you that you will never see a judge. The worst that will happen is if they are a big hitter creditor company they will file a junction for a wage garneshment. But alot of companies dont do this they only bark.
If you are not concerned with the outcome of credit then i would say not to worry. If you are concerned with your credit if its not already ruined im saying then i would call them and tell them you want to have a settlement aggreement. Prior to calling figure out what the amount was that you owed to the original company prior to collections. Then subtract the amount of what you paid every month. And then offer to pay 20% less then that and they will take it. This i promise due to the fact that they buy collection notes sometimes as cheap as 5 cents on the dollar depending on how old they are.
Take care hope this helps.

HI, you emailed me for advice but your email address for Yahoo is not turned on...I can't reply.

Send me your Email address if you need more advice.

The previous answers are fine. I suspect that when the judge sees you have been paying all along he may rule in your favor. Worst case is if you live in a state where the Judge can order installment payments, you can file a motion for that and keep paying monthly.

If this is for a large amount of money you really need to consult with a lawyer to be sure what the state laws are.

You dont know if you cant afford a lawyer. Go through a phone book and start calling some law offices.

use a "*****" 4 real

Don't worry, they will probably try to garnish your wages.

Absolutely do not miss the court date when it is set. Since you have been making payments you have reset the clock on your statue of limitations, which is usually your best defense. Make sure to have all the paperwork of you current payments. Most judges will not do much because you are already making payments. I ask the creditor to validate the trade line, meaning prove than you owe what you owe. You don't need a lawyer for this one simply because you are making payments. The judge cannot make you pay in full if the math says you cannot pay in full. Check with you states law, the court can only make you pay so much but since you have been paying they really can't ask for more unless you really haven't been paying currently.

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