[/I]recently got a letter in the mail from a law firm working for a collection agency which has been trying to get me to pay a debt of (now around 7k with interest) incurred about ten years ago through an overdraught credit line at a major bank. The collection agency has owned the debt for probably at least six years now (?) and recently decided to use the law firm to pursue it. The letter came about the same time as a summons from the local District Courts. Letting me know that I had 20 days to respond to both the court and the law firm.

I have to answer the summons within 20 days. I have been seeking advice on how to do this and have made a draft which I've submitted below. I can't afford a lawyer and there isn't time to register for legal aid.

I cannot really afford to make payments: I am the parent of a minor , my income being derived exclusively from Social Security Disability Insurance and food stamps. I am disabled and do not work. My annual SSDI and food stamps income combines to less than 15k.

During phone conversations with the collection agency in 2006, I explained and documented my financial situation, proposing to settle the debt for significantly less than the amount they then said I owed including interest. Following these phone conversations, I wrote to them via certified mail to make this same offer in writing. I received no response to this letter. Instead, I received continued demands for payment by phone and mail.

I have drafted a response to the complaint that is pasted below.

My question now, in answering the complaint is as to whether I should simply answer the complaint: "denied" and use an affirmative defense of the statute of limitations being passed, or whether I should also include a brief description of my financial situation (for the court's reference) and documentation of my severely limited income and hence ability to pay.

Here is the draft of my proposed answer to complaint including the extra personal information[should I leave it in or keep it brief?]:
Re: Civil Action No. 0952 CV0102

February --th, 2009


I am writing to answer a complaint [Civil Action No. XXXX XXXXX] served upon me by --------------------------- on behalf of --------------------------, a collection agency which claims I owe them $---------- .

I deny this claim.

Affirmative defense: The claim is barred by the statute of limitations.

Further, I have not been provided with true and original copies by the original creditor, i.e. written proof that the alleged debt is owned by Portfolio Recovery Associates.

I have been contacted almost continuously by mail and phone about this matter for years now. I would like to request that Portfolio Recovery Services (a collection agency) refrain from this harassment, citing The Fair Debt Collection Practices Act, 15 U.S.C. § 1692c.

I am the disabled parent of a minor. Please find enclosed copies of my SSDI statement for this year as well as food stamps certification from the ------------- Department of ------------------- to document my family’s total income. I have no assets, nor does any member of my extended family.

I am in the process of acquiring legal defense.

Name------ Date:-----------
Address------------
Enclosed: Copies of SSDI statements for myself from 2008
Copy of Food Stamps recertification for 2008
Copy of Summons received from complainant, ------------------

Hello l:

You're acting on the assumption that the collection agency is reasonable. They're NOT.

GLAD to see that you're acquiring representation.

excon

Just file Notice of Intend to Defend. Also give the court notice of SOL limitation for your state, Third send them a copy of the Following attached to your Notice to Defend.

Safe from Garnishment



Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law".

This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT
__________________
Now, go to the hearing and ask them to produce the original contract you signed, they most likely don't have it, but you need to demand they produce it.

Second Insist they prove the SOL hasnot expired, but is sounds like it has, possible. Third State for the record that SSI is EXEMPT FROM LEVY AND GARNISHMENT.

Thank you, Mr. Yet, for your timely and helpful response! I am processing the Notice of Intent to Defend and including a statement about the SOL limitation for my state in one letter--I think this is what you're suggesting, yes?

-->Should the Safe From Garnishment notice be a separate document or can all of these be combined?

The text of the Intent to Defend (which I assume I should put in the letter) includes "...look to the substance of the pleadings rather than the form, and also hereby makes the attached memorandum, including the related documents attached herewith, in the above-referenced case. "


-->Does this mean I should include the information about my personal situation (see my original question) and enclose documentation of my income in additional pages enclosed with the ITD as well, or should this info wait for the hearing, if there is to be a hearing?

-->Should I also send my original(posted above) letter denying the claim, or is the intent to defend (with or without explanations and documentation) enough?

-->The summons says: "You are hereby summoned and required to serve upon______,plaintiff's attorney....a copy of of your answer to the complaint which is herewith served upon you, within 20 days..."

It seems to say that I need to answer the plaintiff as well as the court. How much of what I send the court do I need to also send to the lawyer/plaintiff?

Again, thank you, thank you, for your info thus far.
Take Care,
lirrup

Mr Yet,

Don't bother answering my followups-- I have already sent the answer and I think it'll be all right. I sent it certified mail. Thanks again for your help. Wishing you well!
lirrup

[I am the author of the original question in this thread & have one follow-up to ask- am still in the process of registering for legal aid, but it is taking some time.]

I sent out the answer to the summons both to the court and to the lawyer representing the collection agency within the allotted time. Today I received a letter from the lawyer saying he received my communications regarding my sole source of income being Social Security. He asked me if I'd be so kind as to send a copy of my annual SSDI statement so that he could "properly document my account".

In the past, I've sent the collection agency ample documentation of my financial status, so I'm surprised he doesn't have it. Also, I wonder what he would need it for, and whether there is any reason I shouldn't send it?

From what I can see, it would only help my case to document my income, since it (the income) is so small, but I am suspicious about complying with anything this lawyer wants, since my knowledge of the law is so limited.

Any thoughts are much appreciated.
Lirrup

THe attorney to wanting to verify that you are on SSI, sending a copy of that would document your status, that you are exempt from levy or garnishment. Alos provide the court of that copy also to prove your status.

I understand... thank you. My concern is this: they at the collection agency & representing law firm should already have my social security number & documentation of income. The only reason they wouldn't would be because they lost it, since I sent to the collection agency via certified mail some time ago during previous attempts at negotiation. Is there any risk entailed in me giving the information to them?

I suppose I could send a copy of the statement with my SS# blotted out...

In any case, thanks much, once again.
Lirrup