headache Posted November 10, 2004 Report Share Posted November 10, 2004 My mom has a capital one account for $1200 that has been turned over to an collection agency, they are threating to sue if she doesn't send them $75.Well my dad was recently put on disability and had to quit work so my mom has no money to send them. She said she received a letter from an attorney in her home state of Alabama (Nathen & Nathen or someting like that). She has gotten very scared about being sued. I want to tell her not to be so worried theat they are probably just trying to scare her into giving them a little money but thought I would check to see if anyone has heard of any cases where someone was sued by them for an amount this small . TYIA Link to comment Share on other sites More sharing options...
anti-something Posted November 10, 2004 Report Share Posted November 10, 2004 when was the DOLA?is disability their only income? Link to comment Share on other sites More sharing options...
headache Posted November 10, 2004 Author Report Share Posted November 10, 2004 Yes disability is their only income and the DOLA is like 6 months ago. Link to comment Share on other sites More sharing options...
anti-something Posted November 10, 2004 Report Share Posted November 10, 2004 then she shouldnt worry and she definitely should not pay, they only want her to pay so it restarts the collection process.if she did get sued, she has the affirmitive defense of it being SOL, and they cannot garnish the disability as far as i am aware.i think she should send them a letter telling them to go away.but also wait for other more knowledgable people to weigh in with their opinions. Link to comment Share on other sites More sharing options...
nativechild48 Posted November 11, 2004 Report Share Posted November 11, 2004 You did not say the DOLA and if they can sue if the debt is not SOL, they will sue. If your Mom is receiving disability they cannot touch that money, but a judgement can last for many years, depending on the state. Also they have the option of renewing a judgement and can get interest from the courts. Go to www.lawdog.comSee what is the law for your state. Link to comment Share on other sites More sharing options...
gdouglaslee Posted November 19, 2004 Report Share Posted November 19, 2004 :I want to tell her not to be so worried theat they are probably just trying to scare her into giving them a little money but thought I would check to see if anyone has heard of any cases where someone was sued by them for an amount this small . Capital One sues in their own name and they have sued on debts as "small" as $450. Disability is a vague and overly broad term. Do you mean 100% total permanent disability, 100% total temporary disability, less that 100% total permanent disability, less than 100% total temporary disability, and is it provided by SSDI, worker's comp, the military or through a private pension plan?Garnishment exemptions vary state to state. Ohio exempts SSDI but not worker's comp or other disability benefits. Some states also exempt social security and military/private pensions. It all depends. Link to comment Share on other sites More sharing options...
Carlos Posted November 20, 2004 Report Share Posted November 20, 2004 Interesting,Crap One can't possibly be that desperate to sue over $450. And this surely isn't profitable on a macro level. Seems they must be trying to make a point or set an example. Based on their stance Iwonder do debt settlement techniques work with Crap One? Any one have any expereince??? Link to comment Share on other sites More sharing options...
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