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  1. Btw the court answer looks like this (below) which was taken from the court's website. Would it be appropriate to do a general denial as well as defense such as #4, and #20 for exemption of income since my dad receives only SS and pension. Also should I do a counterclaim? ANSWER: (Check all that apply) 1.____ General Denial: I deny the allegations in the Complaint. SERVICE 2.____ I did not receive a copy of the Summons and Complaint. 3.____ I received the Summons and Complaint, but service was not correct as required by law. DEFENSES 4.____ I do not owe this debt. 5.____ I did not incur this debt. I am a victim of identity theft or mistaken identity. 6.____ I have paid all or part of the alleged debt. 7.____ I dispute the amount of the debt. 8.____ I do not have a business relationship with Plaintiff (Plaintiff lacks standing). 9.____ The NYC Department of Consumer Affairs shows no record of plaintiff having a license to collect debt. 10.___ Plaintiff does not allege a debt collector’s license number in the Complaint. 11.___ Statute of limitations (the time has passed to sue on this debt). 12.___ This debt has been discharged in bankruptcy. 13.___ The collateral (property) was not sold at a commercially reasonable price. 14.___ Unjust enrichment (the amount demanded is excessive compared with the original debt). 15.___ Violation of the duty of good faith and fair dealing. 16.___ Unconscionability (the contract is unfair). 17.___ Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage). 18.___ Defendant is in the military. 19.___ Other ________________________________________________________________________ OTHER 20.___ Please take notice that my only source of income is _______________________, which is exempt from collection. COUNTERCLAIM(S) 21.___ Counterclaim(s): $___________________ Reason:__________________________________________
  2. I am concerned that despite the fact that they cannot garnish these wages, they will find a way to do it should they win. Does anyone know the best way to go about answering and fighting a credit union in court? I know original creditors are much tougher than JDB. Is it best to just, go through the motions and then present the court with the bankruptcy proceedings?
  3. Thank you all for your immediate responses. @debtzapper we pretty much figured it was illegal for them to do so, especially without any notice. However, I have heard of some very harsh things that MCU does to it's members which are completely out of line. They have already been aggressive with sending my dad a summons and I don't even believe that they have otherwise tried to contact him in terms of notifying and collecting the debt.
  4. Hi Everyone, Last year my father had a botched surgery which resulted in stroke as well as short term memory loss. Since this occurred my sister and I have tried our best to make sense of his accounts and found out he had more debt than could be handle with the medical situation. One of those accounts being Municipal Credit Union which my parents had a checking account and visa card. I believe also a LOC, but not sure. Once I actually got hold of the account(s) the credit card was apparently behind by two months with the minimum payment of over $800-900. The union actually had the nerve to put a freeze on the checking account (which my dad received his social security & pension payments) until the payment was made. Basically no withdrawals from the atm or bank counter were allowed not even for groceries. After the second time it happened in which I had explained my dad's situation to reps and asked them to negotiate for a lower payment ($300), they refused. We couldn't pay more than that because my dad is on a fixed income and medical care was first priority. Since they refused to work with us and continued a withdrawal freeze, we left the Credit union and eventually stop paying on the visa account as well. As of yesterday evening there were papers left at the door stating MCU is suing my dad for over $15K not including interest and lawyers fees. Their attorneys are Stern & Stern. The summons was dated May 22 but the served June 10th. This brings me to my first question: 1) Do we have time from the date stamped on the summons or the time it was allegedly delivered to answer? 2) In the summons, it claims in the list of cause of 1st actions that: The department of Consumer affairs doesn't require the plaintiff (Municipal Credit Union) to be licensed. Is this true for credit unions? Even when issuing credit cards? The summons also fails to identify the card or account number. Is this legal? 3) Can his pension and Social security be garnished if they win? 4) I was listed as limited power of attorney on this bank account, can they come after me for the debt? 5) We have been considering filing for bankruptcy for him because of this debt, mounting medical bills and three other accounts. Is it still possible to proceed and have this part of the bankruptcy? Also, I don't know if its worth mentioned that this credit card account hadn't been used in years. I APPRECIATE ANY HELP ON THIS!!
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