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HKelley · Sep 1, 2007, 06:35 PM

Hi, I am new to this site but would love any help offered to me. I had a great job, great credit, all of that and then got very sick which landed me in the hosital for 4 months. I honestly did try to pay all my bills and wound up jumping from job to job just to barely survive. Over the years, I got SSD and it is minimal, I spent pretty much everything I had just trying to live. I am just getting on my feet. When I tell you I fell on hard times, I mean very hard. I lived without a telephone for months, etc. I got a call the other day from a law firm collecting an old debt. I remember the card but not how much was on it. I am pretty much tapped out entirely. It seems they sued me in 2005 and there was a judgement placed against me and I never even knew it. How can that be? Don't I have to sign? Anyway, they just sent me a document asking for all my assets, mortganges, cards, monies owed to me, etc. They say in the letter I have 30 days to come up with the cash I owe them or return the form (meaning they take what I have?? ). Ok, I get SSD and I own nothing. I might have a small pension from my first job and I have a small checking account which I use to pay my house bills. I am not on my mom's will as she doesn't have one yet. I live in the Philadelphia, PA area. What can they take? What can they do? Should I declare bankruptcy? Can they garnish SSD? Can they take the pension if I have one? Can they take my $1000 checking account? And, what if I get better at some point in time (which I am working on)... will this judgement hang over me forever? Thank you for all your help.

ScottGem · Sep 1, 2007, 06:41 PM

First, they got a default judgement since you didn't respond with a defense. However, if you were never informed of the suit, you might be able to get it vacated on the grounds of improper service.

No they can't touch the SSD or the pension, but they can attach what's in your bank account.

Judgement usually last for 10 years and can be renewed, so it will hang over you.

This statement of assets, did it come from the creditor or the court that issued the judgement? If it wasn't court ordered you are under no obligation to return it.

I would just send them a letter stating your only income is SSD and you have no other assets.

HKelley · Sep 2, 2007, 04:26 AM

Originally Posted by ScottGem

First, they got a default judgement since you didn't respond with a defense. However, if you were never informed of the suit, you might be able to get it vacated on the grounds of improper service.

No they can't touch the SSD or the pension, but they can attach what's in your bank account.

Judgement usually last for 10 years and can be renewed, so it will hang over you.

This statement of assets, did it come fromthe creditor or the court that issued the judgement? If it wasn't court ordered you are under no obligation to return it.

I would just send them a letter stating your only income is SSD and you have no other assets.

Well, I honestly never knew about the judgement on me. I was under the impression I would have had to sign for this. I never signed anything. The card was a Providian card. When the guy called me from the law firm he asked me a million questions, I was sort of vague. Do I have family that can help? Do I have friends? When I told him my income and explained the situation I also offered to send them $5.00/week which is not much but all I can do at this time. I asked him what would happen next. He said I would get the list but he also said that sheriffs would come search my home. This house is not mine and will never be. It is my mom's. I believe the inquiry came from the law firm. I don't know whether to send it back or not. I am scared of these people. I am not sure what the heck I even have since the list is so involved. And, since I received the inquiry I have had two phone calls that I know of from them because the answering machine got them, not me. What do I do with my checking account? How do I prevent them from taking the money in there. It's only about a $1000 but I need to live. That is food, medication and bill money and believe me, I really have nothing else. I honstly live day to day and sometimes it's a long stretch for me. I appreciate all your help.

W

ScottGem · Sep 2, 2007, 04:52 AM

First, they can't come and search anything. Second, you can request in writing that all contact be by letter, no phone calls. You will either have to put the checking into someone else's name, or keep a very low balance. Pay by money order instead.

HKelley · Sep 2, 2007, 05:03 AM

Originally Posted by ScottGem

First, they can't come and search anything. Second, you can request in writing that all contact be by letter, no phone calls. You will either have to put the checking into someone else's name, or keep a very low balance. Pay by money order instead.

Thanks so much for your time Scott. I do have a good friend down the block and they know a lawyer. I don't know if he would charge me though. I can't afford it normally. Legal aid in Philly is pretty far and I don't have the time as they want the inquiry back on the 13th. I need to get this cleared up however because at some point I am hoping to get my life back on track and I don't want this over me all the time. Say I do manage to get back to work, this judgement would be on top of me. I guess this is a no win situation for me.

ScottGem · Sep 2, 2007, 05:32 AM

You can file a Motion to Vacate on your own. This will cause a hearing to determine whether they made a good faith effort to inform you of their suit. If they didn't, then will have to reinstitute the suit where they will have to show proof of the debt.

Read some of the other threads here. Many are similar and should tell you how to proceed.

HKelley · Sep 2, 2007, 05:39 AM

Originally Posted by ScottGem

You can file a Motion to Vacate on your own. This will cause a hearing to determine whether they made a good faith effort to inform you of their suit. If they didn't, then will have to reinstitute the suit where they will have to show proof of the debt.

Read some of the other threads here. Many are similar and should tell you how to proceed.

I have been reading the other situations. I am going to handle the checking on Tuesday, but won't they know? I feel like I am doing something illegal. I hate that. As far as I know, I have nothing on that inquiry, mortgage, car, monies owed to me, money coming to me, jewelry, etc. Ya know, the lawyer (?) even asked me that on the phone... if I had anything I could sell. That is when I offered the $5.00 a week, not much but an effort at least. If I do file bankruptcy, will that go too?? Thanks again for all your help.

Menard50 · Oct 23, 2007, 07:19 AM

Originally Posted by HKelley

Hi, I am new to this site but would love any help offered to me. I had a great job, great credit, all of that and then got very sick which landed me in the hosital for 4 months. I honestly did try to pay all my bills and wound up jumping from job to job just to barely survive. Over the years, I got SSD and it is minimal, I spent pretty much everything I had just trying to live. I am just getting on my feet. When I tell you I fell on hard times, I mean very hard. I lived without a telephone for months, etc. I got a call the other day from a law firm collecting an old debt. I remember the card but not how much was on it. I am pretty much tapped out entirely. It seems they sued me in 2005 and there was a judgement placed against me and I never even knew it. How can that be? Don't I have to sign? Anyway, they just sent me a document asking for all my assets, mortganges, cards, monies owed to me, etc. They say in the letter I have 30 days to come up with the cash I owe them or return the form (meaning they take what I have???). Ok, I get SSD and I own nothing. I might have a small pension from my first job and I have a small checking account which I use to pay my house bills. I am not on my mom's will as she doesn't have one yet. I live in the Philadelphia, PA area. What can they take? What can they do? Should I declare bankruptcy?? Can they garnish SSD?? Can they take the pension if I have one? Can they take my $1000 checking account? And, what if I get better at some point in time (which I am working on)... will this judgement hang over me forever? Thank you for all your help.

Please get a free consultation with a bankruptcy attorney. These creditors will keep popping up and hounding you and try to take what you don't have. Bankruptcy is in place to help people get a fresh start and stop harassing calls. Get a copy of your credit report before you contact the attorney so you can see who and what is out there.

Ray Lucero · Oct 23, 2007, 07:52 AM

Call Debt by Debt, they helped me and they are still helping me.

HKelley · Oct 23, 2007, 10:45 AM

Hi all, OK, I have not returned my form. This is what I have learned so far. They (the law firm?) continue to call but it goes to voice mail, they can't touch my SSD, my pension whenever that comes but they can touch my checking account. One lawyer I talked to said that they can send Sherrifs to the house. No lawyer that I have spoken with gives free consults. I am still in limbo and so sick of it. What is debt by debt? I never heard of it.

Menard50 · Oct 23, 2007, 12:57 PM

Look in your local yellow pages for lawyers and see which lawyers offer a "free consultation" there is always one.

Ray Lucero · Oct 24, 2007, 09:23 AM

Originally Posted by HKelley

Hi all, ok, I have not returned my form. This is what what I have learned so far. They (the law firm?) continue to call but it goes to voice mail, they can't touch my SSD, my pension whenever that comes but they can touch my checking account. One lawyer I talked to said that they can send Sherrifs to the house. No lawyer that I have spoken with gives free consults. I am still in limbo and so sick of it. What is debt by debt? I never heard of it.

call 1800-377-8931 ext:202 Her name is Rita. She has helped me a lot. It really took a lot of weight off my back, and have been stressed free. Hope she can help you. Peace:)