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    oky1dokey's Avatar
    oky1dokey Posts: 1, Reputation: 1
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    #1

    Feb 28, 2008, 12:38 PM
    What can I submit to Court at a pretrial hearing to prove I'm Judgement proof
    Hi from Ohio- I am on Social Security Disability and currently I am being sued in Court by collection attorneys for defaulted credit card debt (cards in my name only.) Basically I did default on some debts after maritial problems and illness. Defaults occurred in 2003. Besides S.S. I get a private disability check as well. I own no valuable property.

    #1 Under Fed.law Social Security act Title 15,ch 41, subchapter 11 20 CFR 404.970 sec 207 SSR79-4 Social Security disability checks can not be garnished.
    Question: What do I need to take to court besides my disability statements to prove this ? I am concerned that the Judge will not know or acknowlege this Fed law. Do I need to bring an actual Federal Law book to show the Judge? Will a copy of the law off the internet suffice?

    #2 Should I even bring this up in pretrial hearing?

    P.S I sent a letter of dispute to Attorneys and requests for validation. Attorneys [B]did not give validation to me.[B]but [B]did file suit in court! [B] Also other violations of FDCPA have been made by them like lying in the suit using Original Creditors name as the Plaintiff when I know O.C. charged this off years ago and it has been purchased by other Collection Agencies before.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 28, 2008, 12:43 PM
    In judgements over debt, you may be required to fill in a statement of assets. But you don't have to prove you are judgement proof. Being judgement proof will NOT stop the judge from awarding judgement to the plaintiff. It will just inhibit them from collecting on the judgement. If you have having your SSI deposited to a bank account you should file a notice with the bank that the only deposits going into the account are exempt from garnishment.

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