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I just found this site and hope I get response by Tuesday 02/12/08 so here it gose.I have court for a judgment on old credit cards,in the past he told me he can and will place me in jail an make my amount owed my bail.can he do this with my only income is SSDisability.I live in Indiana so if anyone knows or knows who I can call and talk to please let me know.what I get monthly is not enough now for rent,gas an electric,food.. etc.please help me... thanks alanfromlowell
First Alan RELAX as you will not be put in jail. If every debtor was put in jail then there would be very few of us not in jail. They cannot take away your SSDI or garnish it. They may be able to get the judgment and take some of your assets if you have any though. Do show up in court with your SSDI paperwork and the judge will take it from there.
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Originally Posted by alanfromlowell
Tell "him" (whomever "he" is) that debtor's prison went out of fashion about 200 years ago - at least. There is no such thing.
And, so, no you cannot be jailed for debt.
Also tell him to stop threatening you. He has a judgment, now it's up to him to collect and he CANNOT touch your SS Disability Income.
If you can prove that "he" has said these things - such as recording the call - your State authorities will be very, very interested in "his" illegal collection practices.
For that matter tell him to stop calling you.
The only way they can do that is if you wrote them bad checks, which is both criminal and civicl.
Too bad you don't have this in writing or recorded, since threatening you with that is illegal. Bill collectors lie, so you may want to mention this to the judge so he knows what type of people they are.
Yes, Judy is right. Hang up on this guy and have no further discussion with him. Tell him to put it in writing and hang up.
Bill collectors will stop at nothing these days to upset people and scare them to death using illegal methods.
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Originally Posted by Fr_Chuck
Whoops! I thought there already was a judgment - otherwise I believe I am correct - sorry.
And, yes, go to Court. Don't let them take a default judgment because that creates its own problems.
Thanks for all the advice,it helped out lots now I'll have more pride going in.also I did find a place that helps disabled an social security people that are going threw this.they have a bank they deal with that will not allow a bank freeze,can I post it here or not?
Hello alan:
Sure. Everybody needs a friendly bank.
If you want to be REALLY armed when you go, you might want to Google the "Fair Debt Collection Practices Act". You'll find out that not only can they not threaten you with jail, but doing so is an offense punishable by fines of up to $1,000 per day.
Go kick butt.
excon
Debtors' prisons were done away with a long time ago. You will not go to jail over a civil judgement. Document all of your income and expenses in order to demonstrate to the court your inability to pay this debt. Generally SSI disability income is not subject to garnishment. Additionally, ask that the plaintiff provide proof of this debt and don't openly admit to owing it, even if you believe you do. If no such proof is presented on Tues. when you go to court then ask for an immediate dismissal. You may also want to get in a dig about their harassing you by threatening you with jail when it's out of the question in such a case.
OK here's a place I found in chicago that deals with those that are being harassed by collection people DSCD they help with SSI,Disabilty,Veterans or pensions people and stop judgments from happening. Also,here's a bank that carries a no freze checking acct. for us {link removed} hope this help others .maybe this should be posted some place that people can find easer I'm just not sure where as I'm new here
Just as an aside. If you file a notice with your bank that the only funds deposited in your account are from SSDI and therefore exempt,then they will not accept a garnishment against that account. Most banks will do this
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Originally Posted by alanfromlowell
As I read it the "Debt Counsel" site is an Attorney who charges anyone to represent him/her in credit matters - if you read the info they are simply marketing their services by stating they represent people with SSI, etc. - as well as anybody else. You do not need to retain an Attorney to defend yourself in a collection matter.
I do not understand how Diamond Bank can offer a "no freeze" checking account when the law enables creditors to collect judgments from bank accounts but have not had a chance to look into their services.
Do you have the quote from Diamond Bank about their "no freeze" checking account - ?
Judy brings up a good point. No bank can refuse a court order unless there is a legal reason to do so. As I said, most banks will allow you to flag an account as being funded solely with exempt income to prevent an attachment. So I doubt is Diamond Bank is doing anything special other than marketing themselves as friendlier to disabled people.
I didn't check the other site, but apparently Judy did. There was an article in Sunday's LI Newsday that dealt with this same thing and included some non profit groups that help people in your position. So there may be such groups in other areas.
See,this is why I'm so confussed about this matter... I did how ever just talk to the DCSD and kind of got the impression that if you have them talk for you your bank account must be moved to that bank which as long as your there client your account is safe .but will also say I'm thinking that bankruptcy is my best bet here,I'm going back to school in fall and hope to get back to work soon... I go to court in the morning so not sure what will happen but will post what did happen when I get back...
I'm now even more concerned about this guy at DCSD. Sounds like he's getting a kickback from the bank for forcing clients to move their accounts there.
Hum,I know now scott is right... I just called the bank trying to find out different things about a checking account soon as I filled them in on I was looking into DCSD I was told I had to go threw them to open this account and would not answer anything else. Thus leaving me to think that all last week was a wast of time dealing with DCDS. I guess this is why nobody trusts anyone anymore... now I'm at a lost,see every month I borrow 100.00 from my sister to servive my SSI dose cover my rent,gas,elec,health ins. But that's it.. I still haven't got food,auto ins,cleaning stuff.. etc.. so to you all thanks for help and yes your answers helped. After court tomorrow I'l look into bankruptcy
OK,got back from court and tried the" show me it's my credit card debt" and it worked.He told me as well as a few others there's no way he can for the group bought badcredit card file with no proff of debt so judeg gave him 30 days to show my signature and I'll grant judgmant other wise they will be dismissed... thanks for your help people... and I gave the DCDS papers to a lawyer friend of a guy I knowI ran into he told me that they are charging $200.00 plus $20.00 month membership fee to do just what I did this morning,also the no freeze bank account gets froze but only for 72 hours (every bank has this option but 72 hours is the least time)giving them time to look at past deposits then the bank reopens the account for the depositers use again BUT the creditor can refreeze and keep frooze until they go too court if it's a account with other deposits even if it's a tax check,child support... etc... again thanks and I'll tell the lord you all need a extra angel on your shoulders... oh one last thing is there a way to delite the post with the dsdc website so its not mis leading to others?.
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Originally Posted by alanfromlowell
Wow - you did a great job for yourself; very thorough. Congratulations!
Congrats and I removed the links.
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