View Full Version : I am being sued in small claims court in pa and on disability
nemi55
Dec 14, 2009, 10:37 AM
Hi, I just received a document from sheriffs office, I am being sued by a credit card co; I read other things here very helpful; however we have no free legal aid, this is rural Pa and so I do not know how to submit to small claims court I am on disablity, own no real estate and only get approx 700. A month.
I do owe the debt minus a bunch but I lost my job and now on ssi and cannot pay.
Thank you in advance
JudyKayTee
Dec 14, 2009, 11:51 AM
It sounds like you have no legal defense to the debt. The long and short of it might be that if you appear or don't appear the creditor will still get the same Judgment against you. You might try to call the Attorney and try to negotiate for a smaller amount but if you can't pay even that I wouldn't bother.
If you have a defense or just want to see what the response will be you can always ask for documentation (and there are lots of threads on that).
I don't know about PA but you cannot appear by Attorney in NY so free counsel will not help you.
nemi55
Dec 14, 2009, 12:10 PM
Thank you,I have read a lot, and will try to contact attorney, however I did read they cannot take my ssi but can take excess asseets, in bank acct. This site is very helpful for those of us with little money and especially since I live in a rural part of state with not much social services
nemi55
Dec 14, 2009, 12:14 PM
There also is no date for a hearing, I guess in Pa not necessary. I know I can file some forms so if anyone knows what, that be super... like to show I am on disability etc
JudyKayTee
Dec 14, 2009, 02:08 PM
Your status - collecting disability - is NOT going to change your legal status (the ability of a creditor to sue you). Your status only protects your disabiity income. It does NOT protect co-mingled funds (such as money in a savings or checking account from other sources). Being disabled is NOT a defense against this claim and there is no need for you to prove anything at this time.
There MUST be a date for a hearing - IF you are actually being sued in Small Claims Court.
nemi55
Dec 14, 2009, 03:09 PM
I understand all you said, I called the court of common pleas in my country and there is no date. I have 20 days to respond, from today when the papers were served.
I just need someone to help tell me what to file, such as the inability to pay. All I receive is my ssi, so there is no other funds to worry about. I do not own much of anything big like a big TV etc, I have a PC that is two years old. None of anything they potentially could take would fetch much.
So if anyone knows what forms I must file that be super. I know being unable to pay is no defense, I am more worried about my bank accct being frozen
JudyKayTee
Dec 14, 2009, 06:42 PM
Again, what is your defense? Small Claims Court is very user friendly and informal. Write a letter, copy to the Court, copy to the Attorney, within 20 days, listing your defense.
This is very well written and informative:
"Many consumers use debt settlement as a means to reduce their overall credit card debt. Credit card negotiation is often as simple as writing a letter to your creditors to make a settlement offer.
Before you attempt to write a settlement letter, request debt validation from the lender to find out exactly how much you owe. Then research all applicable terms and conditions of the credit card such as the interest rates and fees.
Decide how much you are willing to pay to settle the debt. Most lenders will accept up to 60% of the outstanding debt. Since many creditors will reject your initial offer, offer an amount lower than what you are willing to settle for. In this case be prepared to make a counter offer.
What is included in the debt settlement letter?
Personal Information
Always include your contact information such as your name, address, and telephone number. In addition, make sure you include the account number. Reference a style manual to ensure the proper formatting.
Explanation of Financial Situation
Begin your letter with a brief explanation of your financial situation to justify why you are unable to pay your credit card debt. Include all supporting documentation that you may have.
Settlement Request
The next section of your letter should detail your settlement request, including the amount you are requesting to be forgiven.
The final section of the letter should discuss how the settlement will be reported to the credit bureaus. Request that the creditor reports the information as paid in full, and remove the negative entries on your credit file. It is important for the creditor to respond to your request in writing.
After you have received a written response from the creditor, send a money order or certified check. Write on the memo line "Cashing this check constitutes payment in full". Make a copy of all correspondence, including the money order or check. Mail the letter using certified mail with a return receipt.
Tips for Successful Credit Card Negotiation
• Be polite but firm. Do not agree to a settlement that you are not comfortable with.
• Document everything. Retain copies and records of all correspondence including telephone calls (If it is legal in your state record the conversation).
• Check your report to make sure the debt is reported as paid in full.
• Always pay by money order or certified check. Never allow a direct debit as it gives creditors access to your bank account.
• Never send a payment before you receive a written confirmation from the lender.
NOTE: By researching and comparing the best debt settlement services in the market, you will determine the one that meets your very specific financial situation. As usual, professional advise coming from a seasoned debt counselor is highly recommended."
Credit Card Debt Settlement Letter - "Tips and Tricks" (http://ezinearticles.com/?Credit-Card-Debt-Settlement-Letter---Tips-and-Tricks&id=3419603)
ScottGem
Dec 14, 2009, 07:36 PM
No date will be set until you respond with an Intent to Defend. If you don't respond within the 20 days then the plaintiff will ask for (and probably get) a default judgment.
But you don't want to make it easy for them. Respond to the court with a simple letter that:
I Intend to Defend against this suit. I am not sure that this debt is mine and want proof.
You then send a copy of that letter to the plaintiff with a request for verification of the debt.
If they can provide documentation then they still get the judgment, but if they can't you may be off the hook.