Summons for a debt of $2,344. I tried to work out payments with the collection agency, but I lost my job. I have been unsuccessful in finding a new one. All of my bills are behind! Including ones I need to live ie: Food, Heat, Lights etc. I send those bills some money when I get it. I'll clean a house, or babysit someone kids. My husband is legally blind and receives Social Security Disability. He and a co-signer and a bank own our car. Can they take that? It's a 1998 Ford, not worth more than $9000 Can they garnish his Social Security? Help!
His social security is safe as far as I know. I think the only time someone can touch it is if you owe taxes to the government. First thing you need to do is relax. I say this because you need to realize you are in good company. Everyone it seems has some problems some of the time. This happens to be your turn. Try to find money in some inconspicous spots such as family or friends or maybe a church or another community group. Some place will pay your utilities for you like the salvation army or groups like it. Next, I would refrain from any purchases that are not necessary. Look for corners you can cut. They can be as simple as deciding to stop smoking or switching to the off brand toilette paper. Maybe you could apply for emergency assistance through your areas family independance agency. Hope that could help. SnakeMan
I forgot to give an opinion on your suit situation. I would call the CA and tell them that you have talked to an attorney and you are seriously considering BK if they don't try to work with you. Tell them that if you have to file that your attorney says they receive either nothing or close to nothing over time depending on which chapter you file. Tell them that instead of doing that, you would like to make new arrangements with them to get this debt payed off. Tell them your sincere about making them an important part of your monthly bills but circumstances beyond your control have made it difficult. Try this approach and you may be surprised. Also be prepared to have a specific $ amount in mind when you call them that you can afford to pay every month. SnakeMan
Staying calm is good advice, but hard to do when you feel threatened. The next most important task is to be sure you answer their summons. Are you sure the amount is 100% correct? What State are you in? When was last payment made? Is the CA bonded and following all credit laws? If possible you want to find a reason to contest this. If you take this to trial there is a good chance they will settle for a partial payment or no payment. If you don't answer it, they will get an automatic judgement which can be dealt with but is a bigger pain.
You need to file an answer with the court and work on your defenses. 1. It is possible that the debt is past the statute of limitations, if so it will be an easy victory on your behalf. 2. Is the CA licensed and bonded? This would fall under the doctrine of unclean hands. You would have to go to court, but if they are not legal to collect, again it would probably be tossed. In addition, you may have a cause of action for a counterclaim on FDCPA violations. 3. Are their any other CA's trying to collect? If so, you may have another defense. Another CA owns the debt, therefore they have no claim.
The CA is a lawyer. The statute has not run out. The CA is a law firm, so I would imagine they are all legit. Court date is 30 days away and I'm freaking!
SS is exempt from garnishment. I'd suggest you get your name off the bank accounts. If they freeze the bank account, you can get it reversed but, it's a PIA that should be avoided if at all possible.
Did you request validation before, or is this the first time that you've heard of this CA. If you haven't request complete validation of the account in question now - certified return receipt requested. YOU WANT THEM to provide every statement, a signed application, a complete accounting of all fees from the date the alleged account was closed, a complete accounting of how those fees were calculated, in accordance with the signed contract, and state and federal law. If a penny is out of place in anything, they haven't done their job. Is this CA local to you, within an area of about 50 miles from where the hearing is scheduled for. The farther that they have to drive, the less likely they are to show up. Not saying that they won't, BUT for every mile they have to drive, it becomes more unlikly, especially for a small (to them) account. They want you to freak out, get scared, and settle with them. Or they want you to blow off the hearing, so that they get a default judgement. Either way, they win. No matter what, even if you get a letter stating that the hearing has been canceled from the plaintiff show up for the court date. If the letter comes from the court tself, then you can trust that it was postponed, or canceled, but from them, don't even think they would tell you the truth.
As far as the utilities sometimes they have a hardship program administered by the utility company. I have been there myself and they were able to help for a limited period of time
