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Sued While On Public Assistance in CA


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Sued by JDBs(2 different cases) while on Public Assistance in CA.(served on Dec31)

Please let me know of my most effective option with its reflection on our(family) future.

 

...i belive in you to be the best guide after reading and learning here...

 

Thank you kindly

 

 

 

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Hi, there.  

 

Other folks on here have far more expertise than me, but I wanted to mention a couple of ideas.  First, if you're on Public Assistance, you may very well be judgment proof, due to financial hardship if it goes to trial (I can't guarantee it of course, but you should look into it).  Also, if you plan on fighting the suit, I would advise you to file an Answer to the Complaint with the Court as soon as possible (there are time-limits and if you miss them, the Collection Agency will try to get a default judgment against you).  There is a fee for doing this (mine was about 200 bucks!), but you can (and should) ask for a waiver of the fee.  It's not hard, you'll just need to fill out a short 1-2 page request form and submit it for review.  If you're on PA, you should qualify.

 

Good luck!  :-)

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Please answer:

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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Being on public assistance does not prevent a creditor from filing a lawsuit against you.  To the best of my knowledge public assistance funds are not exempt from garnishment for debts.  You will need to check California law to be certain but in my state they can seize those funds from a bank account.  

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