Court papers notifying me that I am being sued for payment of a credit card debt was found near my apartment. The writ of summons however was not placed in my hands nor was it sent through the mail. Was I legally notified because the papers were placed on the patio ground of my apartment and found by some kid who found them knocked on my door and pointed at them. The papers were my only notification that I was to appear in court (today, Dec 2, 2008). The server could not get in my building to hand me the papers.. Then I called legal aid and they told me that I should appear and that if I didn't the judge will find for the plaintiff and a judgment will be in place where they can garnish money. I am disable and my only source of income is social security disability insurance. Can they garnish that. I live in the state of Maryland and I can't pay this debt because of my limited income. However I did pay on this debt until my disability happen and although they knew this they continued to pile on late fees, and a high interest rate where I could not even reduce the debt even though I paid something. I just choose to stop because I had to eat and buy medicine. They used there usual harassment tactics to make my life miserable to get their money but I can't pay them no more than a dollar in which they didn't want to accept. I have no other assets.

Any monies that have been deposited in your bank account by direct deposit can be garnished. Once your payment is in the bank, within your bank account it is fair game. I suggest you have your payments sent by mail to eliminate this possibility. If it isn't in the bank, then they can't get it.

Thanks for your response Tickle.. Now I have a new issue.. I went to court yesterday (Dec 2, 2008) regarding the law suit filed by a Credit card Company for the purpose of a Judgment on a debt I owe. The thing is because I didn't send back the Notice of intention to Defend 15 days after receipt of the Summons, I was unable to appear before Judge and was told to fill out that noticce and they would give me a new date to appear. The Problem is I wrote on the Notice that I was not properly served in the first place. The court clerk said I was... but then he noticed that the Process Server had put a description of the person he/she served which did not fit my
Description. In other words, the clerk notice this and because on the Writ of Summons the Process Server signed he also solemnly affirmed with his signature under the penalty of perjury blah.. blah.. blah. The processor signed the Writ saying he /she served me but he/she didn't because his description of me did not add up. So does this mean any thing to me except that it gives me more time to try to negotiate with the Credit Card co. What would my next move be. I thought that if I send them a certified letter and check to start payments on this debt they would show in writing that they might not except my offer which amount to $3-5 dollars a month until the debt is paid which would take 80 years or end with my death. I have no heirs or assets to be concerned about but who knows maybe I might hit a lottery or sweepstakes. The amount of the debt is $2404.60. I am on social security disability insurance my only source of income by the way. I am over my living budget and paying $3-5 a month is a great sacrifice to me because I am also paying other creditors including medical bills. What would you do next. I tried to offer to pay a smaller amount but they only want me pay an amount that I can not pay. So that is why I haven't paid them anything and now they have sued me and put a judgment on my credit. Could they just charge this off and consider this a loss since my credit is ruined anyway and I have no assets and no wages that they could garnish. I only have the SSDI which I have directly deposited and I will soon make arrangemnets to have them cut me a check and send it in the mail. What should I do try to settle first or plead my case to the Judge if he allows it in court when I am issued another date to appear in court.

That's all it does mean. The court will disallow service and the plaintiff will reserve you has you walk out of court. But that starts the clock again. You can then submit your Intent to defend.

Once you are properly served, you respond with your Intent to Defend. You then send a copy of that notice to the plaintiff with a request for verification of the debt.

Forget about paying anything, paying that little a month is like not paying at all.

SSI payment are not subject to garnishment for credit card debt. Once the funds have been deposted they are subject to seizure, but if you inform your bank that the only deposits are protected funds they should ignore any writ of attachment.

If the plaintiff does not provide verification by the next court date you can ask for a dismissal. If you have no other assets than your disability payments, then you are judgement proof.

So Scott. I know that I owe this credit card debt of $2403.60. Should I contact the Law firm that represents the plaintiff and ask for a verification of the amount or should I contact the plaintiff which is the Credit Card company or both. I still can't pay because I am dead broke. I was going to go to court to tell the judge why I can't pay because these people refuse to hear anything except I need to pay. They don't want to hear the why's and wherfores. They want money. Something I can not give period. So my offer to pay them something is just to show that I can't pay them what they want but I am willing to pay them something. They have harassed me to the point that I put a block on my phone and the only way they can get in touch with me is by mail. I need for them to charge this off and they assume the loss. My credit is already ruined and they have lodged so many penalties and interest to the balance that it has triples from what I might have originally owed them. They have the right obviously to do that but I can't pay what they have charged me and frankly I am so beat down that I don't want to pay them anything.

You contact the plaintiff's law firm for verification.

Forget charging off. That has nothing to do with you. In fact the debt may have already been charged off. A charge off is only a tax maneuver. It has nothing to do with you.

Thanks Scott... I guess a certified letter asking for verification of the debt amount would be best or should I just call them for that info and ask that they send it to me. And then,should I wait until I get another court date is sent by the court since I don't think the law firm representing the Credit Car company (Plaintiff) will re-serve me. Even though I will have to wait for the judge to make a decision on whether I was properly served and how that could play out with how this may or may not effect the defense that I wish to mount against the Credit Card company. I actually don't have one except I do not want the Judgment on me period. What should I do next.. Thanks for all responses.

No send a letter. Read what I've said, it outlines your course of action.