i received a settlement offer in the mail from a collector for a credit card. i also received a notice on my door from a process server regarding the same account. if i settle or make payment arrangements with the collector, do i still have to respond to the process server?


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Mar 09, 2010
process server and debt settlement
by: Gerri and Mary


It may well be to your advantage to work something out with the debt collector so you can avoid being taken to court and getting a judgment against you. (We assume you owe the debt in question, and that the amount is correct. If not, then you should talk with a consumer law attorney immediately.)

If you work something out with the collection agency, do not pay them a penny until they fax you a notice stating that if you stick with the agreement they will withdraw the current legal action against you. Even then, don't assume they have followed through. Follow the instructions provided by the court to respond and if necessary show up with a copy of your agreement.

Unfortunately, we've heard of cases where collectors make agreements before a case goes to court. The consumer thinks all is fine, until they find out the collector proceeded with the court case and obtained a default judgment against them.

Also make sure the full terms of the settlement agreement are spelled out, and keep a copy of this for your records indefinitely. And as we advise in our ebook, do NOT pay the collector using a debit card, your bank account number, or a personal check.

Char, if you haven't done so already, please at least read the first chapter of our ebook online so you will better understand what this debt collector can and cannot do in its collection efforts.

Let us know how this goes for you.

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