ccjm61 Posted March 13, 2007 Report Share Posted March 13, 2007 I am being sued at my local magistrate by the Law offices of Blatt, Hasenmiller, Leibsker and Moore LLC. The OC is Capitol One Bank and this is/was a Visa card that I stopped paying on when I became disabled. This is the latest in a series of debt collectors on this account. Also there is a new listing on my CR from Portfolio Recovery Associates based in Virginia indicating they are a debt purchaser and I believe they may be associated with BHLM since the amount is nearly the same. I get SSI. I contacted Legal Aid and they informed me they neither handle magistrate hearings nor help file for bankruptcy. Is this really allowed? I looked for a pro bono attorney in my area and nothing there either.I have a couple of other CC's that are going be filing for judgements at the magistrate level in a short amount of time since I could not pay on any of them once I became disabled and they amount to about $17,000 all together. It seems bankruptcy is my last hope.I have tried (when called by collection agency) to explain that I can not pay and asked for minimum payements of 10.00 but they always say they cant accept that small an amount. In the latest communication with BHLM (after they got notice from the magistrate that i intend to defend) they sent me a letter and I quote"This office would like to know the nature of the defense which you intend to present to the Court. Please call me at your earliest convenience to discuss this defense and to see whether this matter can be resolved amicably rather than through a court proceeding. If your defense is limited to your financial circumstances, inability to pay, in my opinion, is not a defense."I obviously can not afford an attorney. Since Legal Aid will not help me I do not know what to do. Any thoughts?Cap 1 reports on equifax : charged off account account closed by creditor.date opened; 6/1997 date of last payment: 9/2003 date major delinquency first reported: 3/2004 charge off amount $1862 amount past due $3326 Link to comment Share on other sites More sharing options...
thomassl Posted March 13, 2007 Report Share Posted March 13, 2007 I am surprised that Legal Aid told you that! I have a friend who is going to legal aid for her bankruptcy. I know she had to attend the mandatory credit counseling classes through the approved bankruptcy sites but I know she is going through them. I'm not sure if each state if different as we are in Ohio. Regardless, being on SSI, they cannot take your income. I do not know if you live in a house or not. My parents had a similar situation, however, they live in a senior facility. A collection agency came after them for a 25 yr. old debt to see if they would be foolish enough to pay it.... because I read this and other forums, I stopped them dead in their tracks! I let them know that SSI was their only income and they have no assets so they are ..... They dissappeared! I'm not sure what your complete financial situation is but maybe what I said could help you. Link to comment Share on other sites More sharing options...
ccjm61 Posted March 13, 2007 Author Report Share Posted March 13, 2007 I live in PA. I have no assets. No house (I share a rental with an adult child) no car, no life insurance, no stocks no bonds no savings. Just my years old household goods, an ancient computer, and clothes. It takes all my SSI check to pay for my half of the rent utilities etc. with about 10-20 at the most left at the end of the month.I also find it hard to believe that LEGAL AID doesn't help in any way. But they have asked me to send them the results of the magistrate hearing. I wonder what for if they indeed can do nothing for me.I am trying to get enrolled in the pre-bankruptcy classes but it is 40 miles to where they are held and it will be hard for me to get a ride. Looked into the online one but they want $50 from me.I have direct deposit for the SSI into a checking account. Link to comment Share on other sites More sharing options...
thomassl Posted March 13, 2007 Report Share Posted March 13, 2007 I live in PA. I have no assets. No house (I share a rental with an adult child) no car, no life insurance, no stocks no bonds no savings. Just my years old household goods, an ancient computer, and clothes. It takes all my SSI check to pay for my half of the rent utilities etc. with about 10-20 at the most left at the end of the month.I also find it hard to believe that LEGAL AID doesn't help in any way. But they have asked me to send them the results of the magistrate hearing. I wonder what for if they indeed can do nothing for me.I am trying to get enrolled in the pre-bankruptcy classes but it is 40 miles to where they are held and it will be hard for me to get a ride. Looked into the online one but they want $50 from me.I have direct deposit for the SSI into a checking account.On the pre-approved bankruptcy classes, if you say ahead of time that you have no income when you first sit down with them, you are not charged a fee. I learned this from my friend who's doing the program. Also, since you have no assets, I would attend whatever hearing they have for you. The judge knows that they cannot touch your SSI and you have no assets. My parents did not file bankruptcy and frankly don't care if that item was on their credit report. After seven years since the last delinquency, it falls off anyway. I feel you will be fine but if there is a hearing you must attend, do not miss it! Link to comment Share on other sites More sharing options...
ccjm61 Posted March 13, 2007 Author Report Share Posted March 13, 2007 First of all thanks for helping me!Is there anything I should say to the Magistrate to defend myself other than I can not pay? As you can see in my original post the firm's lawyer states "If your defense is limited to your financial circumstances, inability to pay, in my opinion, is not a defense." Link to comment Share on other sites More sharing options...
qtptute Posted March 13, 2007 Report Share Posted March 13, 2007 First of all thanks for helping me!Is there anything I should say to the Magistrate to defend myself other than I can not pay? As you can see in my original post the firm's lawyer states "If your defense is limited to your financial circumstances, inability to pay, in my opinion, is not a defense."That's a scare tactic that JDB's use all the time to force you to pay. If all of your income is SSI, then your income should be exempt from garnishment. But, if you make ANY money, then they can take it. You should answer the summons stating that you do not owe them the money that they are saying you do. Link to comment Share on other sites More sharing options...
thomassl Posted March 13, 2007 Report Share Posted March 13, 2007 First of all thanks for helping me!Is there anything I should say to the Magistrate to defend myself other than I can not pay? As you can see in my original post the firm's lawyer states "If your defense is limited to your financial circumstances, inability to pay, in my opinion, is not a defense."Did you notice the words..."In my opinion"? If this law firm was stating this as fact, there would be no need to use this phrase! There was something else the original creditor did to my parents before they sold the debt to a junk debt buyer...they sent her a 1099 form for tax purposes with the full amount of the debt. I contacted the IRS, told them my parent's current circumstances as I file their taxes each year, she asked for a letter along with a copy of her taxes and "poof" it was gone! She stated that my parents were not liable to this debt as they were insolvent or in other words, had no income! That was one year ago. They have since sold it to a junk debt buyer who is also unsuccessful in getting this money! :'> I would bring proof of my disability, like papers you have just in case they ask. Link to comment Share on other sites More sharing options...
ccjm61 Posted March 13, 2007 Author Report Share Posted March 13, 2007 I did think it was just the firm's opinion.And for lack of anything else I already plan on bringing my SSI award letter to the judge. Is there any possibility he will dismiss or will he do a judgement in favor of BHLM? Would that be for the 3326 BHLM is asking or for the charged off $1862 ?Occasionally my adult child will deposit into my checking his half of a bill and I will pay the total bill online. This is not INCOME it just makes paying a bill easier. I hope there is not a problem with our arrangement in paying bills. Link to comment Share on other sites More sharing options...
thomassl Posted March 13, 2007 Report Share Posted March 13, 2007 I did think it was just the firm's opinion.And for lack of anything else I already plan on bringing my SSI award letter to the judge. Is there any possibility he will dismiss or will he do a judgement in favor of BHLM? Would that be for the 3326 BHLM is asking or for the charged off $1862 ?Occasionally my adult child will deposit into my checking his half of a bill and I will pay the total bill online. This is not INCOME it just makes paying a bill easier. I hope there is not a problem with our arrangement in paying bills.Be careful with checking accounts. I made sure that my parents had their own but I am executor so I can view it at any time to see if they need help with something. There is no way they can give them a judgment on something that can't be collected. Even if he did and it sits on your credit report...it will sit there until it falls off 7 yrs. from the first date of delinquency. You will be fine! I have to leave now. Will be back tomorrow! Link to comment Share on other sites More sharing options...
ccjm61 Posted April 14, 2007 Author Report Share Posted April 14, 2007 Well I went to the district magistrate and he made the judgement FOR me. Been waiting for the 30 day appeal time to pass but I just got a letter from BHLM (the collectors-see post #1 for full name) stating that they are going to appeal at the county court of common pleas. I contacted Legal Aid again and they want me to forward any papers I get but did not answer my question of whether or not I have to go to this court on my own(without a lawyer) or not. Just 'please send us a copy of the papers' ... How do I get some (free) help?This debt is so close to the SOL. I believe it is SOL 9/07. I'm assuming that is why the collection lawyers are appealing. What I want to know is why they are pursuing a sick little old lady. Are they really this cruel? hoping I come up with $$$$ from my butt or something? I am one step away from homelessness and ill. I have told them over and over that I am not well, on SSI and have no money left after paying monthly rent and utilities and that just trying to maintain my life I am running in the red. Heaven help me if I have to pay more rent! I am DOOMED. I am never expected to get better health-wise so there will be no changes in my circumstances or income and that I do not own a house or a car or anything so there is nothing for them to go after. I know they are looking for a judgement in their favor but shouldn't they already know that they cant get any money from me because I'm on SSI?My blood pressure is running very high lately and I believe it is partially caused by their relentless pursuit of this uncollectable debt. Any ideas on how I can get them to go away? I really do feel like they are trying to push me into my grave. Link to comment Share on other sites More sharing options...
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