Been served a summons in Kentucky

[thomas01093]

Hello,  My wife got served a summons in the mail by certified mail.  Says shes being sued by LVNV Funding Stenger & Stenger over an account from WebBank.  Amount is $1500.  Says she has 20 days to respond or a judgement may be issued.  What happened was she got sick and we had to use every bit of money for doctor visits and medicine.  Only income we have is my disability and that's it. She's in the process of filing for disability as she suffers from Major depression disorder and can't be around people without loosing it.  I've never had to deal with anything like this and can't afford a lawyer so I'm clueless as to what to do. I know disability can't be garnished. At the present time we don't even own a vehicle and we have no assets or money stored up.  Any advice would be appreciated.  Thanks in advance

[Clydesmom]

2 minutes ago, thomas01093 said:

What happened was she got sick and we had to use every bit of money for doctor visits and medicine.  Only income we have is my disability and that's it.

So the bad news when it comes to a lawsuit illness and expenses are not a defense to not paying.  The good news is that you have no assets and are on disability which means that you are uncollectible.

3 minutes ago, thomas01093 said:

Any advice would be appreciated. 

First and foremost answer the suit.  You don't want them to get a default judgment even if they can't collect on it.

Second:  I would send a letter certified mail return receipt to LVNV and the law firm outlining that you have no assets and are on disability.  It is not uncommon for them to abandon a lawsuit once they realize there is nothing to be gained.

[thomas01093]

How do I answer it???

[Clydesmom]

19 minutes ago, thomas01093 said:

How do I answer it???

I am not familiar with KY courts but start with the summons.  Many courts have a pre-printed form you can use and it is attached to or part of the summons.  If it isn't there check and see if it is on the court's website to be downloaded, filled out and filed.  If not try going to the court and see if they have the form.  If none of that works you have to file a formal answer and that you would need to know what the court's procedure is for it.

[thomas01093]

So what if we don't answer...what happens and the effects of it???

[Clydesmom]

9 minutes ago, thomas01093 said:

So what if we don't answer...what happens and the effects of it???

They get a default judgment.  In your case that means nothing since you have no assets and they cannot seize or garnish disability payments.  

That is why I recommend sending that letter to LVNV and Stenger and Stenger.  They might drop the suit and let it go alleviating some stress for you and your wife.

[thomas01093]

I'm gonna send them a letter tomorrow first thing certified mail.

[shellieh98]

Do answer the suit.  If they get a default judgement it will affect your credit as well as if 5 years down the line you have money, they will get it then.  Read the directions on the summons.  it probably has the form for you to fill out, or you can probably find one on the courts website.  Just deny the allegations, you can state "after a reasonable inquiry and search, defendant has no records or information of the alleged account.  

If it asks for any affirmative defneses, you can put plaintiff lacks standing. then your done.  Send out that certified letter, and copy your answer and mail that to the plaintiff also, then file it with the court.