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    Vegan's Avatar
    Vegan Posts: 2, Reputation: 2
    New Member
     
    #1

    Jun 16, 2007, 03:09 PM
    Senior - unsecured debt
    I owe a lot of money to various credit card companies due to changes in my circumstances. I am beiing sued, but have so far avoided the subphenia. (They only came to my house today).

    I have not spoken with, or acknowledged any debt, either by phone or in writing.

    I am 68 years old and live in Texas. I know they can't take my home, it is exempted. If they want my 17 year old car, so be it. I do believe that is exempt as well.

    I live on SS and receive $902 each month. My son gives me $500 a month for my house payment. My living expenses are barely met with this amount. My son gives me the money for the mortgage in the form of a check - I probably should have asked him to pay the mortgage company directly but didn't.

    My questions are:

    Can I avoid a subphenia indefinitely while I try to gather my wits.
    Should I accept the papers and go into court and show my income?
    Do I have a chance?
    I have a savings account of $1,450 - to use at the end of the year for my taxes, can they take that from me? My checking account is around $400 to $900 depending on the time of the month - if I have paid monthly bills or not.
    If I go to court without a lawyer and tell the judge my circumstances, how much will court be approximately? I can't afford any of it -
    Do you think I will be made to make payments to the credit card companies regardless of my circumstances?

    I know this is asking for a lot of information but any given would be helpful.

    Thank you
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Jun 16, 2007, 05:33 PM
    1, There are various forms of service, if you avoid them too long they will merely publicsh it and move on and have the court hearing without you there.

    2. You income has nothing to do with this, it is a matter in court to prove the debt is valid or not valid. The fact they were stupid enough to loan you the money and you were silly enough with no income to keep borrowing is not the issue here.

    3. You age has little to do with it,

    4, your son should send the check to them direct and no reason he can not just start doing that. I would assume they will freeze your bank accounts

    If you go to court, you will either prove these are not valid debts and there is no legal basis for you to pay them, or they will win the judgement, you being poor has nothing to do with it.

    Judge can not and does not "force" you to make payments, he merely awards a judgement to them, and then they can try and take the money when they find it.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
    Jobs & Parenting Expert
     
    #3

    Jun 16, 2007, 06:13 PM
    I'm wondering if the house is really exempt?
    Vegan's Avatar
    Vegan Posts: 2, Reputation: 2
    New Member
     
    #4

    Jun 16, 2007, 08:01 PM
    Wondergirl,
    I spent all afternoon reading Texas law on exemptions - my house is my homestead by law and it is definitely exempt - thank goodness!
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #5

    Jun 18, 2007, 03:58 AM
    Since you are Social security that is exempt also read this post:

    https://www.askmehelpdesk.com/other-...evy-86065.html

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