I recently answered a question for Susan regarding Court Mediation Services (CMS) and she was kind enough to send in a copy of the agreement she signed. Original question is here I Signed Up With Court Mediation Services and Now I’m Being Sued by Citibank. – Susan. See below.
I think others will find page one and two of the agreement, let’s say, interesting. I’ll do my best to transcribe it. The type is a bit small. Please forgive any typos.
Court Mediation Services
PO Box 1609
Phenix City, AL 368868cmsaccess@gmail.com
CMS Purchase Agreement
This information is written to provide accurate and authoritative information by Court Mediation Services only. The term CMS thereafter will refer to both Authorized Agents of Court Mediation Services and Court Mediation Service Office Personnel.
CMS agrees to work on the client’s behalf for the agreed upon services.
CMS makes no claims, warranties, guarantees or representations of any kind because no one can pre-determine how a court will rule and/or how a judge will respond.
CMS is not engaged in providing or rendering any legal advice or professional services. If legal or other professional assistance is desired the services of a qualified licensed professional should be retained.
CMS specifically disclaims and liability, loss or risk incurred directly or indirectly by the use and application of any information assistance or documentation presented to the client’s use or application.
CMS shall have no liability or responsibility to anyone with respect to contact and settlement negotiations or agreement(s) that may result from any negotiations and/or settlements, or for any loss or damages caused or alleged to have been caused directly or indirectly by such efforts and/or negotiations.
For legal reasons CMS does not guarantee, promise or claim and specific outcome from utilizing its negotiating settlement services or programs, and such guarantees, warrenties, representations, or claims are not expressed or implied.
Client(s) shall hold CMS harmless for any loss resulting from the services contemplated herein, it being understood that the results of the information, assistance or documentation provided herein may vary and cannot be predicted with certainty.
Information and results presented in this information or by Certified Agents, CMS office personnel, are only offered as examples and limited in their scope and application and are done so without prejudice or giving up any rights.
Current and past results from CMS’s successful negotiated settlements, arbitration’s and/or mediations will and can vary from one client to the next and there is no guarantee that the success of present or future negotiations will achieve the same, better or lesser results.
CMS recommends and encourages at all times when the client has a legal question that the client seek competent legal advice from a licensed attorney in his or her state. CMS will make referrals to Consumer Advocates when requested by the client(s).
CMS will return any unused monies sent to CMS from client designated for settlements, negotiations and contractual consideration.
Susan says that the fees for the service are as follows:
To Offset up to 10 accounts or $100,000 of debt through CMS the cost is $2,500
To Offset up to 15 accounts or $200,000 of debt through CMS the cost is $3,500
To Offset up to 20 accounts or OVER $200,000 of debt through CMS the cost is $5,000
Thereafter an additional $350.00 per account.
The cost can be paid with a credit card if you have available credit. If you want to pay via credit card, let me know and I send you an email invoice. If credit card payment is not available, you will need to send a cashier’s check/money order along with the documents from Step # 2.
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I too used CMS! My husband was diagnosed with cancer in 2007 and we got in over our heads with debt. In 2009 after several attempts to keep up with the debt. My husband and I paid $7,500 for our unsecured debt to be assumed by CMS. Well today is 2/13/12 I Have been sued by 2 of these unsecured debt companies that CMS were to “assume” and I received a letter today stating there were bank execution put on my bank account for another one of these accounts CMS were “assuming”. They are a scam! I am out $7,500 and still have to pay the credit card debt!
I too hired CMS in 2009 and paid them $7,000 to assume my debt. I have been sued by 4 of the creditors and have 3 judgments. The other one is pending. I just wish there was a recourse for this. I was never able to talk to Brad and was told that my representative would answer any questions but he couldn’t either. I wonder if there is a class action lawsuit that we could put together. Is there anybody on that? The last communication I got was that they were out of business and that they would help me if my case went to court. . . REALLY????!!!
What happens if you are sued? After 4 years I just got sued today by a Unifund Corporation (not the credit card company). Do I have any recourse? Do you have to pay the whole amount or do they settle for less (especially if it wasn’t their original debt? I used CMS and send them a letter today and got the “Out of Business” response. I thought they were supposed to help if this happens. Does anyone know how to get in touch with Brad?
Unfortunately you will most likely lose. They may settle but you will need to negotiate directly with your creditor.
I signed up fo CMS too. It cost me more than chunk change. I got very little help from Brad. He got easy money from me and I got very little input from him. Most of what I learned is based on my own research. I am still fighting my credit problems and I have learned a lot about the credit industry and the legal system. If you ever want to learn it, let me know. I can help point you in the right direction.  CMS is a waste of your time and money. It is unfortunate that I turned to CMS first when I started having financial problems. If you have any experiences, please contact me. I would love to share ideas.
I signed up with Cms-Brad Daley about three in July through (Steven Luttrell)from Crossville Tn at the cost of Twenty Five Hundred Dollars,My wife had a lot of illness for four years,we had to use our credit card,for help,we our both elderly and on Social Security and had no way to pay the Credit cards we had, so we fell for the Scam,we turned all the Bills in and collection that they was to take care of,so far we have three Judgments and more to come I’m sure,It just amaze me to find out how easy it is to be scamed,before I signed with CMS I check on Brad Daley At the Court House in Phenix CIty ,Ga and they told Me he was part of the court system,so we sign with him,what a mistake.
Bill
I signed up with Cms-Brad Daley about three in July through (Steven Luttrell)from Crossville Tn at the cost of Twenty Five Hundred Dollars,My wife had a lot of illness for four years,we had to use our credit card,for help,we our both elderly and on Social Security and had no way to pay the Credit cards we had, so we fell for the Scam,we turned all the Bills in and collection that they was to take care of,so far we have three Judgments and more to come I’m sure,It just amaze me to find out how easy it is to be scamed,before I signed with CMS I check on Brad Daley At the Court House in Phenix CIty ,Ga and they told Me he was part of the court system,so we sign with him,what a mistake.
Bill
I signed up fo CMS too. It cost me more than chunk change. I got very little help from Brad. He got easy money from me and I got very little input from him. Most of what I learned is based on my own research. I am still fighting my credit problems and I have learned a lot about the credit industry and the legal system. If you ever want to learn it, let me know. I can help point you in the right direction. CMS is a waste of your time and money. It is unfortunate that I turned to CMS first when I started having financial problems. If you have any experiences, please contact me. I would love to share ideas.
I have experienced the same problem…how can I get ahold of you?
I would love to hear your ideas!
I can’t help but wonder if H Healy is affililiated with CMS. He doesn’t give any particulars to his case, and he rants on and on about the Federal Reserve and also denegrates other resondents. I am not sure how much immediate relevancy a diatribe against the Federal Reserve is for someone who is simply trying to get creditors off their back and who needs realistic legal or financial advise.
CMS is not a Scam. Their process has worked flawlessly for me and as a previous commentor mentioned, the word “scam” is frequently used by those who through lack of education on the subject matter, lack of knowledge AND lack of courage automatically poopoo something. The greatest Scam ever perpetrated on you, your family and America is the Federal Reserve and now it would seem you can add Congress and the White House. CMS is not an outfit to be denigrated. Junk lawsuits are unavoidable in processes like this once the credit card companies sell their bad debts for pennies on the dollar to low life junk debt attorneys.
I can’t help but wonder if H Healy is affililiated with CMS. He doesn’t give any particulars to his case, and he rants on and on about the Federal Reserve and also denegrates other resondents. I am not sure how much immediate relevancy a diatribe against the Federal Reserve is for someone who is simply trying to get creditors off their back and who needs realistic legal or financial advise.
Don’t think anyone guarantees someone cannot be sued. Was this person given some kind of assurance? Many knocks given to settlement and negotiating outfits on the web without any backup info. Wal-mart has thousands of BBB complaints, so better be very wary of doing any business with them. How about the IRS, anybody had a good experience? Read the government web site about almost anything, they all refer to business as “schemes, scams, illegal evasion techniques” etc. Any greateer scam or scheme than the banking system, or Wall Street? Or Congress for that matter, or how about lobbyists or the Federal Reserve?
Point well taken Steve. It just makes it that much more of a better choice.
It appears that most debt settlement companies are just a scam. So if you get in over your head with debt, it’s either credit counseling (probably won’t work), debt settlement (take all your money and leave you worse off) or bankruptcy (ruins your credit for 10 yrs., raises insurance costs, higher interest on any loans, possible preventing of job promotions). That 10 years of hard times actually looks pretty good compared to the other 2 choices. Oh yeah, the third choice is you could win the lottery! The chance of that happening is about as good as Dick Cheney being tried for war crimes…….
Justin,
Just one clarification. While bankruptcy will be reported on your credit report for 7-10 years, it does not actually ruin your credit for ten years, more like a couple. It is easy to rebuild new good credit after bankruptcy.
Steve