jbillings2

advice from legal aid

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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

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I never would advise simply not answering a Summons or not showing up in court. That's exactly what Capital One is hoping you'll do as they want the easy judgment and not one they have to work for. I'm a little concerned and surprised that Legal Aid would have advised you as such. Even if they don't have the resources to fight every one of these types of cases, they could at least advise you how to appear pro se (by yourself).

Tell us a little more about the underlying debt. It's not necessarily true that they can't go after your bank account depending upon the type of debt it is.

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Judgment proof is misleading. Just because you don't have any assets now doesn't mean you won't have any in ten years, and the judgment will still be good.

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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

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Yes. if the advice came from an attorney, file suit against him for malpractice.

Those were kinda my thoughts as well.

It came from a legal aid though. Perhaps the firm the aid works at is liable.

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The comment was more tongue in cheek. You'd have to be able to show you would have prevailed in the suit against you in order to prevail in a malpractice suit. According to your post, you admit to the debt.

I would never advise not appearing.

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Nothing wrong with going to the trial. The courts usually earmark 1/2 hour for the duration, so you won't be there long. What your Legal Aid lawyer mean't was that you are judgment-execution proof so to speak as you have no unprotected assets. Let them get a Summary on you and if/when your asset position changes and the plaintiff attempts to execute, simply file a C7 bankruptcy. There is virtually no downside in your situation.

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The most compelling reason to answer and appear is.........they may not. Dismissal with prejudice.

That's the consumer equivelant to a creditors default judgment :)

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Is money from an IRA and social security exempt from a judgement?

SS is.. but for the IRA you need to check your state exemptions.. in my state it is.. in some states it is not

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