Hey everyone, I got roped into National Debt Relief, thinking they’d help me out, but now I’m dealing with a mess. Someone came by my house and handed the court papers to my dad instead of me. I know I need to respond and maybe try to work out a settlement with Bank of America. My question is, does it count as being served if they gave the papers to my dad? I’ve heard people sometimes sue over improper service. Can I do that here?
Edit: I’m in California.
What did National Debt Relief actually do that felt like a scam?
Bryn said:
What did National Debt Relief actually do that felt like a scam?
They promised they’d handle my debt, and I’d get a fresh start. But they only settled 2 out of 4 cards, and now I’m being sued for the other 2. They told me getting sued was rare, but from what I’m seeing, it’s not that rare at all. I made all my monthly payments to them, and now I’m worse off.
@Cairo
How much do you owe on the ones you’re being sued for? Did National Debt Relief offer any kind of legal support?
Bryn said:
@Cairo
How much do you owe on the ones you’re being sued for? Did National Debt Relief offer any kind of legal support?
And how much communication did you have with them before they let it get to this point?
Bryn said:
@Cairo
How much do you owe on the ones you’re being sued for? Did National Debt Relief offer any kind of legal support?
$22k total. I just saw the papers a couple of days ago, so I’m planning to call them soon. I remember paying a little extra each month for legal assistance in case this happened. I guess my main question is about the legality of the service. Can they actually hand the papers to my dad instead of me at my place? Any other advice on settling would be great, but I’d really like to know if they can do that.
@Cairo
So, it doesn’t sound like they fully scammed you. Depending on state laws, serving papers to an adult at the listed residence could count as proper service.
@Cairo
I’m in a similar spot. They tend to settle smaller debts first. Sounds like they handled 2 of your debts, and then the others sued because they got tired of waiting. Definitely send those court papers to National Debt Relief and see what they say about it.
Lawyer here (not your lawyer). In many states, serving an adult at your residence is considered valid. Even if you got this service thrown out, they’d just serve you again, adding extra fees for another attempt. Honestly, National Debt Relief likely knew which debts they could settle and which might still be a problem. Banks like BofA don’t want to set a precedent where people can just default and pay a reduced amount, so they’re tough on default cases.
You should check your state’s rules on service, but if this was recently filed, they still have time to serve you again if needed. Your options are (a) reach out to BofA’s lawyer to settle, (b) consider bankruptcy, or (c) ignore it, risk a default judgment, and see if they can garnish wages, bank accounts, or put a lien on property in your state.
How much did you pay National Debt Relief, what state are you in, and what’s left for them to settle?
Check your state’s rules on court service. Usually, leaving the paperwork with any adult at your residence can count as proper service, but definitely double-check.
Is your dad a resident in your home, or do you live in his place? If he’s not actually living there, it might not count, but it depends on state law. Are you dealing with small claims or county court? If it’s small claims, you could probably represent yourself to try negotiating. Otherwise, might be time to talk to a lawyer.
@Riley
I’m in California. It’s my place; he doesn’t live here. And it’s county court.
Take this to court yourself, so they can serve you directly.
Honestly, though, this sounds like one small part of a bigger issue here.