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Everything posted by jbillings2

  1. They can't take SS income,but they can take other funds that are deposited in that acct.
  2. all the attorney is going to do is show up in court to reppresent you.At the intial meeting with you he will ask you some questions,how much debt,wages,and so forth.You will then receive a huge amount of paperwork to fill out,and you had better be honest,or it will come back and bite you in the butt.The lawyer is only going to go by what you reply in the paperwork.It is a simple process,don't make it harder than it is.
  3. First they will go to court and get the judgement.Then you will get some papers in the mail,requesting all personal financial info. wages(from where),the value of your car,and so forth.Also they will request last three months of bank statements.You will send this back to the lawyers who sued you,and you will go to the courthouse and file the papers with the clerk of the county court. Be sure to blackout ALL personal I D information.SS number,Drivers license# Bank Acct # and so on. Also if you have any questions call legal aid in your county.
  4. In Florida,they cannot touch your SS.But you cannot deposit other funds in your acct. as they can garnish that.As far as your car,if it is worth less than 1k it is judgement proof,as is your home.Hope this helps.
  5. I had the same problem.In Fl. if they file a judgement against you they cannot seize your bank acct.as long as the only deposits are your SSI.Also if your car is worth less than $1000.00 they can't touch it.Call legal aid for help if you need to,its free,and they were helpful to me. I hope this helps.
  6. I thought the $600 reported to the IRS,was for secured,or abandedproperty.I didn't think it applied to unsecured cc.Also don't they have to wait 36 months with no collection activety to report a 1099c to the IRS?
  7. Chase---they can't take your home,if your cars are worth less than$1000 they can't touch.Go to www.floridabar.org for more info.Hope this helps
  8. there is a judgement,and they sent me the final judgement in the mail,then I received the fact finding sheet.There wasn't a date to answer.
  9. just received a call from Cap One lawyers asking if I was going to pay this debt,after they received a final judgement against me.I told her no,then she got irate.I sent them a letter not to contact me by phone,any suggestions?
  10. Capital One does have a judgement against me.I guess this is a discovery.I don't understand why they want information about the kids etc. The affidavit for exemptions also has me stumped,also how do I file a notice of compliance with the court? again Thank You for the help
  11. I received the fact finding sheet in the mail yesterday from Rubin&Debski,who are representing Capital One.I know that I am required to answer,but some questions I don't know the answer. I've been divorced for 11 years, I have no clue where my ex lives,or my two stepkids. They also want my last two years of income tax returns,which I haven't filed because I don't make enough money to file according to social security. How does one go about filing an affidavit for exemptions for the court?Is there a special form you have to use? Thanks in advance --------Jack I live in Fl.
  12. I went to my pre-trial judgement.When I went to court I gave the judge my name,and a gentlema and I went outside the courtroomto discuss the judgement Capital One was going to get from me.He asked me if I could pay $185.00 a month,replied no,he asked me if Iwanted the Judgement against me,replied I don't care,went back in and told the Judge that I was agreeing to the judgement,that was the 17th of Nov. Tonight I receive a phone call from the lawyers representing Cap One.He asked if I went to the pretrial,yes,what happened?,I agreed to the judgement.I am pissed,if I had known they weren't there I would have asked for a dismissal.Now I don't know what to expect.The legal aid isn't much help,they wouldn't go to court with me.What happens next?I live in Fl.THANKS
  13. In Fl social security is exempt,but don't know about ira's or 401--which I don't have anymore.
  14. I am going to appear,that is ONE thing I have learned here.Who knows the lawyers might not show as they are 3 hours away.
  15. about 8 months ago--they didn't waste any time-
  16. I understand this,but I'm 61,and probably won't make it another ten years,due to health problems,I don't have any extra money to acquire any assets,unless I win the lotto,which isn't going to happen.What got me in this position,I had open heart surgery,quad bypass,I was getting over this then discovered I had kidney cancer,I couldn't go back to work--DR. wouldn't release me,applied for ssdi-turned down the first time-hired a lawyer received it the second time.It took 2.5 years to get it,lived off my retirement,and 401k two years later the irs came after me because my cpa neglected some income.They took my bank accts for 3 months-I lived on cc for those months,then I got sick again,and couldn't pay the cc.Now I'm getting sued
  17. It is credit card debt.The reason they cannot touch my bank acct,because the only deposits made to it are social security.
  18. To sum up my problem----Capital One is taking me to court,for non-payment.I went to the local legal-aid,told them I owed the amount,but didn't have the funds to pay.They basically told me not to worry about it because I am (judgement proof).I have no assets, besides my house,car,and bank acct. I am on ssdi,my car is worth less than$1000.so those are all exempt.He also suggested that I didn't have to show up-because they will get the judgement anyway and they would try and force me to make a payment arrangement.I live in Fl. Any thoughts? Thanks in advance---Jack
  19. First I would like to thank everyone for the help I received concerning my judgment,I found the answers to my ?,but still don't know what to expect. When my son refinanced his house--Wells Fargo--stipulated that they pay off some ca's that his wife had.They were over 4yrs old,the sol in Fl is 4yrs,could they legally do this.Also when they closed on the house the closing company gave them 6 checks to pay the ca's with,no addresses to send them to,just made out to collections,you can guess what happened there.She still has 5 of them,as she went to the bank last week and cashed one of them--it cleared. What should they do--they tried the bank,and the closing office but gets the runaround.Thanks Jack
  20. The debt is not quite a year old,thats when I quit paying on it.How do I learn about exemptions?This week-end I will go thru and read everything I can on this site,and again Thank You everyone for your help-----Jack
  21. what I am concened about is losing my home and car, it's not much but all I have.The only checks that have been deposited in my bank account have been the ssdi checks,for the past 1.5 years.My son told me to put the truck in his name,but they might consider that fraud,or hiding assets.I'm just worried about losing what I have left.Again thanks for your help----Jack
  22. The papers were served by the sheriff's office,and yes he can represent Capital One-----Jack
  23. I was served with a pretrial notice from a lawyer today representing Capital One(credit card).They want a judgement against me for non payment.I agree that I owe them the money,but I don't know what to expect.I am 60yrs old,and live on ssdi payments because of my health,my truck(93 Explorer)and my trailer house(1973) is paid for.I have no money in the bank except what Social Security pays me.I know it wasn't right not to pay them,but when it comes to Dr bills,pills and food,their wasn't any other choice.What can I expect when I go to court? Thanks in advance.----Jack