pastamamma Posted March 15, 2011 Report Share Posted March 15, 2011 I am currently unemployed and receiving unemployment, I have just applied for medical assistance thruough one of the hospitals here in the state because I can not afford medical insurance and I fall within the 200% poverty level, I also am the benefactor for my daughter who is on disability but she is an adult. I was wondering if because I qualify for medical assistance not thru the social service department but thru the hospitals in rhode island does that constitute receiving assistant because I am low income? Can I use this in my defense in court I am currently being sued for a credit card bill that had it's last activity in Oct. of 2000 and want to make sure that a judgement is not awarded the company which by the way is the 3rd company to buy this debt from the original creditor. I'm at a loss for what to do to defend myself. Any help would be appreciated. Link to comment Share on other sites More sharing options...
Prosay Posted March 15, 2011 Report Share Posted March 15, 2011 I am currently unemployed and receiving unemployment, I have just applied for medical assistance thruough one of the hospitals here in the state because I can not afford medical insurance and I fall within the 200% poverty level, I also am the benefactor for my daughter who is on disability but she is an adult. I was wondering if because I qualify for medical assistance not thru the social service department but thru the hospitals in rhode island does that constitute receiving assistant because I am low income? Can I use this in my defense in court I am currently being sued for a credit card bill that had it's last activity in Oct. of 2000 and want to make sure that a judgement is not awarded the company which by the way is the 3rd company to buy this debt from the original creditor. I'm at a loss for what to do to defend myself. Any help would be appreciated.Determine what the statute of limitation is in your state. I doubt if it is over 6 years. If so, then use 'Expiration of Statute of Limitations" as your defense.Regardless, it appears that your last date of activity will be 11 years old this coming October.Un-employment compensation is judgment proof, as well as disability income.I would check your states bankruptcy laws and determine the full extent of your judgment proof assets..both personal and homestead. Prepare a list of those exempt assets, have it notarized and also submit a copy to the court clerk for his/her signature and court seal or stamp. You should also send a copy of your exemption list citing the state code to the attorney who is suing you along with a certificate of service, certifying that you have sent this to them and it has been presented to the court clerk.I would suggest that you have an attorney prepare this document for you if you aren't sure how. Just remember, you will have only a few days ( 10 days in Tenn ) to file this with the court clerk in the event you have a judgment entered against you , or you risk having a "writ of execution"...meaning that you might have your assets seized and your bank account frozen or attached. Link to comment Share on other sites More sharing options...
pastamamma Posted March 15, 2011 Author Report Share Posted March 15, 2011 I live in Rhode Island and the SOL is ten years here. How do I answer the summons with my answer? Is there a form that I fill out? Is it a letter that I write myself and if so how do I prepare the answer to the summons. I am only the benefactor for my daughter meaning the money comes to me to make sure she uses it to pay her bills ect. Is there a form that I can fill out or somewhere that I can find out how to prepare the list of exempt items from being attached. I'm sorry but I know I have little time and any help at all is greatly appreciated. Link to comment Share on other sites More sharing options...
workingpoor Posted March 15, 2011 Report Share Posted March 15, 2011 I live in Rhode Island and the SOL is ten years here. How do I answer the summons with my answer? Is there a form that I fill out? Is it a letter that I write myself and if so how do I prepare the answer to the summons. I am only the benefactor for my daughter meaning the money comes to me to make sure she uses it to pay her bills ect. Is there a form that I can fill out or somewhere that I can find out how to prepare the list of exempt items from being attached. I'm sorry but I know I have little time and any help at all is greatly appreciated.Here are your rules for civil procedure in RI. This should answer most of your questions and point you in the right direction.http://www.courts.ri.gov/district/pdf/dc_civil_rules.pdf Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 15, 2011 Report Share Posted March 15, 2011 Having income that is exempt from judgment execution is not a defense to a lawsuit. You could put them on notice that your assets are exempt but it will not change the strategy of the plaintiff or the attorney.You would want to answer their complaint in numbered paragraphed form admitting or denying the allegations made against you in their complaint, and then separately list affirmative defenses to the lawsuit. Link to comment Share on other sites More sharing options...
pastamamma Posted March 20, 2011 Author Report Share Posted March 20, 2011 SOL is my defense in this case. But I was just checking to see if my daughters disability could be attached or is my unemployment could be attached. I talked to DLT in Rhode Island and they seem to think the only that can be attached to Unemployment wages is Child support. I also saw that under RI bankruptsy law Unemployment income is also exempt. Link to comment Share on other sites More sharing options...
BV80 Posted March 21, 2011 Report Share Posted March 21, 2011 The following link gives some examples of answers to the allegations in the Complaint:http://www.creditinfocenter.com/forums/showthread.php?p=1097491#post1097491The next link provides sample Affirmative Defenses in the 4th and 8th posts:http://www.creditinfocenter.com/forums/showthread.php?t=252142 Link to comment Share on other sites More sharing options...
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