jbillings2 Posted September 27, 2006 Report Share Posted September 27, 2006 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 Link to comment Share on other sites More sharing options...
willingtocope Posted September 28, 2006 Report Share Posted September 28, 2006 Welcome aboard...we'll help if we can...First...make sure that what you have is indeed a "summons"...something official from your local court. Its not unusual for a collection agency (CA) to pretend to be a lawyer (they might actually be a lawyer, but it doesn't matter) and to send you something that looks legal when in fact its just another collection letter. Does it say "this is an attempt to collect a debt" on it somewhere?If you're in doubt at all, check with your local court house to see if somethings been filed...Now...as far as the debt goes...Yes, you probable do (or did) owe Crap One some money. Doesn't mean this yahoo has the right to collect it. Does he claim to be "representing" Crap One? Link to comment Share on other sites More sharing options...
jbillings2 Posted September 28, 2006 Author Report Share Posted September 28, 2006 The papers were served by the sheriff's office,and yes he can represent Capital One-----Jack Link to comment Share on other sites More sharing options...
willingtocope Posted September 28, 2006 Report Share Posted September 28, 2006 Okay...then its probably legit...Then your next step, I think, it to read everything you can on the board here. You may be "judgement proof", meaning you don't really have enough assets or income for it to matter. They probably can't garnish your SSDI, and you don't have anything else for them to take...The important thing is to plan on showing up for the court appearance. Again, I say you want them to prove they've got the right person, the right amount, the right account, and the right to collect in your state. Just because you owe sometbody money doesn't mean these are those people.Read.... Link to comment Share on other sites More sharing options...
jbillings2 Posted September 28, 2006 Author Report Share Posted September 28, 2006 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 Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted September 28, 2006 Report Share Posted September 28, 2006 You dont mention how old the debt it.. when you last paid on it.. and I assume you are in FL..Go ahead and put the truck in your sons name.. thats not a big deal.. they dont have a judgement yet... also I don't know what the exemptions are in yoru state and you need to find that out.. you may have a head of household exemption.. your home may not be able to be touched (again it depends on yoru state).. I DO know they can't touch SS monies... doesnt mean they will NOT try so when you do get your exemptions notices make sure that is mentioned... Link to comment Share on other sites More sharing options...
Recovering Attorney Posted September 28, 2006 Report Share Posted September 28, 2006 In florida your principal residence is 100% exempt. Link to comment Share on other sites More sharing options...
jbillings2 Posted September 28, 2006 Author Report Share Posted September 28, 2006 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 Link to comment Share on other sites More sharing options...
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