Received Summons for Credit Card Debt..

[fromla]

I owe $3,000 and dont have the money.. Only asset I have is a car valued around $900.

My question is, iwhen they win judgement isn't my car exempt from being taken?

[soveu53]

Hi I would recommend you make sure you attend the court hearing do not let them get a judgment against you. Contact legal aide society in your surrounding county and get some legal assistance.

If you go to the california self help site I think its under cagov.com or something like that and review their section it actually shows that it'll cost them between $700 or more to have a car retrieved.

But, as a debtor you would be entitled to $2300 of the sale which would make it pointless for them to proceed if they would get less for your car.

Also check on this site it has a lots of very helpful information and please if you can consult an attorney.

But, make the collector whose trying to collect do their own work to verify that the debt belongs to you.

(Disclaimer: Just my legal opinion always consult a state bar attorney for serious litigation matters)

[fromla]

Should I dispute it, even if its legit?

A friend of mine told me that I should dispute any and all claims, request a motion of discovery and that I should ask for any and all validation/verification of accounting as to how your orginal debt accumulated to the 4 grand..

He said this should buy me a little bit of time as well..

[soveu53]

Go to the thread "so your being sued" it has a lots of helpful information. Go ahead and send out the letter for discovery as soon as you can.

Have you verified with your local courthouse that this court action was filed with them. If you havent i would do so it could be a bogus claim they just sent to you. A relative of mine had electronic summons and complaint sent to them.

But, the parties did not legally file the summ and complt it was just a tactic used to scare them. Always verify with the court that a court action has been filed legally against you.