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angel3_27 · Nov 14, 2007, 04:37 AM

In a nutshell:
I have a debt of nearly $6.5K on a Capital One credit card. Recently, I have become unable to work due to medical problems, so I have not been able to pay them. I received a court summons last week. It is impossible for me to drive to court because I do not own a car and have no license. There is no one who can drive me that far. I do not own a home. What can they do and what are my options?

angel3_27 · Nov 14, 2007, 05:24 AM

My sister just decided a few minutes ago that it is an absolute FACT that they CAN send me to jail for this.

excon · Nov 14, 2007, 07:06 AM

Hello angel:

Sorry (actually, I'm not sorry because the information I have is GOOD NEWS for you), but your sister is wrong. We got rid of debtor's prison a long time ago. Plus, if you have no job or no bank accounts, you're considered judgment proof, and they can't get ANYTHING from you. They're not dumb. They probably know that too. If they don't, I'd certainly tell 'em. Send them a letter. Send it certified, return receipt requested.

excon

ScottGem · Nov 14, 2007, 07:15 AM

If you don't appear at the court hearing they will be awarded a default judgement against you. But, it sounds like you don't have a case to prevent them getting a judgement anyway.

As for your sister, tell her this is the 21st century, not the 19th. Debtor's prison was abolished during the 19th century.

Once they obtain a judgement, they can use it to attach any assets you have. This would include bank accounts, some investments, salary, etc. They cannot attach disability payments. If you have no savings and the only thing going into your bank account is disability, you can file a letter with your bank informing them of the source of the deposits and to ignore any attempt to attach the account.

The collector filing suit may or may not know of your situation. So you want to make sure to inform them. But they may be filing suit for future reference. A judgement generally lasts 10 year and can be renewed. So if you every get back on your feet and start working they can move right in and garnish your salary.

angel3_27 · Nov 14, 2007, 04:21 PM

Thank you so much for your replies. They were extremely helpful and reassuring. My sister talked to someone about my medical records and they said they can help me if I will just fill out some release forms. Sister said they told her the same thing I told her (and you both confirmed) about debtors' prison. She admitted that I had indeed been right in the first place (wonder of wonders – she hates to be wrong and will say just about anything to make her side sound plausible… can't let “little sister” be right).

Angel