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francy1 · Mar 31, 2008, 11:33 PM

I received a Notice Of Hearing for an unpaid credit card debt. It gives me the court date and place and who is suing me, but does not give me any instructions as to answering with a letter or phone call. Should I send the JP a letter stating my case or just show up?

JudyKayTee · Apr 1, 2008, 07:40 AM

Originally Posted by francy1

I received a Notice Of Hearing for an unpaid credit card debt. It gives me the court date and place and who is suing me, but does not give me any instructions as to answering with a letter or phone call. Should I send the JP a letter stating my case or just show up?

Are you talking about Small Claims Court? Some other Court?

Need more info.

(Did you get a Summons and Complaint, Summons, Notice of Hearing - ?)

francy1 · Apr 1, 2008, 07:46 PM

It is a single sheet of paper that has "Notice Of Hearing" with justice of peace address, name etc. at top. Has the date, case number, the name of the company suing me. It then states "The above case has been set for trial on "date & time". Then it has "Respectfully" typed with the name of the JP, says CC: court, and my name at the bottom. No instructions really, it was not even a form but just a typed up paper, came in the mail, no one served me. I assume it is small claims because it is from a Justice of the Peace. Was sued once before but it was served by a deputy, I had to write a letter about my case, and the case was dropped without my appearing in court. I would like for that to happen again of course, but no one asked for a letter this time! Is it small claims if it is a JP? Should I send a letter stating my case, even though it didn't ask for one?

JudyKayTee · Apr 2, 2008, 05:19 AM

Originally Posted by francy1

It is a single sheet of paper that has "Notice Of Hearing" with justice of peace address, name etc. at top. Has the date, case number, the name of the company suing me. It then states "The above case has been set for trial on "date & time". Then it has "Respectfully" typed with the name of the JP, says CC: court, and my name at the bottom. No instructions really, it was not even a form but just a typed up paper, came in the mail, no one served me. I assume it is small claims because it is from a Justice of the Peace. Was sued once before but it was served by a deputy, I had to write a letter about my case, and the case was dropped without my appearing in court. I would like for that to happen again of course, but no one asked for a letter this time! Is it small claims if it is a JP? Should I go ahead and send a letter stating my case, even though it didn't ask for one?

Hmm - my feeling is it's Small Claims and, no, "usually" Small Claims will not accept any documents in advance. The appearance is when both sides present the total case.

Small Claims CAN serve by mail. Superior Courts cannot - so, once again, it's got to be Small Claims.

So yes, you have to appear if you want to defend yourself in this action.

francy1 · Apr 2, 2008, 09:51 PM

Going to small claims soon on unpaid credit card and trying to get an idea of what can and cannot happen. I understand a judgement against me could allow them to take my bank account. I live on Social Security retirement, but a few other things have been deposited, like selling something on eBay etc. no great amounts, but money other than SS has been deposited in my account in the last month. I understand that if you only have SS they will not take it, with anything else going in they can, in what time frame would these deposits have to be made. Also, if they take your bank account, what is to stop me from having my SS checks sent to me by mail, other than direct deposit ? I only have that and small amounts I make by selling stuff on eBay, usually books from my collection of the last 50 years. I can't pay the credit card and even a lower amount wouldn't help me. Thank you for any help.

JudyKayTee · Apr 3, 2008, 04:47 AM

Originally Posted by francy1

Going to small claims soon on unpaid credit card and trying to get an idea of what can and cannot happen. I understand a judgement against me could allow them to take my bank account. I live on Social Security retirement, but a few other things have been deposited, like selling something on ebay etc., no great amounts, but money other than SS has been deposited in my account in the last month. I understand that if you only have SS they will not take it, with anything else going in they can, in what time frame would these deposits have to be made. Also, if they take your bank account, what is to stop me from having my SS checks sent to me by mail, other than direct deposit ? I only have that and small amounts I make by selling stuff on ebay, usually books from my collection of the last 50 years. I can't pay the credit card and even a lower amount wouldn't help me. thank you for any help.

Are you sure it's Small Claims Court? Highly unusual.

Anyway - your SS checks cannot be touched and are exempt. Anything else is NOT exempt. Any co-mingled funds (SS checks and other monies in one account) CAN be touched. The Court is not going to sort out what is what.

You could open a separate account for what you sell rather than co-mingle if you want to avoid paying the debt - or deal in cash.

The creditor has the ability to call you in for a financial hearing (if the debt is large enough) at which point you would be forced to make full financial disclosure.

Fr_Chuck · Apr 3, 2008, 05:02 AM

Yes, normally credit card companies don't use small claim court but regular civil court. Guess they could. But also you have to notify the bank that your only money into that account is your SS check, if not when they get the freeze order, they will freeze your bank account and then YOU will have to go back to court and prove it is your SS money to get it unfroze, so I is not automatic don't expect the bank to look up your account see where the money is commin from.
You have to go inform them of such.

I guess I have to ask, if you could not afford to pay the credit card bill, why did you use it ?

JudyKayTee · Apr 3, 2008, 05:54 AM

Originally Posted by francy1

Going to small claims soon on unpaid credit card and trying to get an idea of what can and cannot happen. I understand a judgement against me could allow them to take my bank account. I live on Social Security retirement, but a few other things have been deposited, like selling something on ebay etc., no great amounts, but money other than SS has been deposited in my account in the last month. I understand that if you only have SS they will not take it, with anything else going in they can, in what time frame would these deposits have to be made. Also, if they take your bank account, what is to stop me from having my SS checks sent to me by mail, other than direct deposit ? I only have that and small amounts I make by selling stuff on ebay, usually books from my collection of the last 50 years. I can't pay the credit card and even a lower amount wouldn't help me. thank you for any help.

It is - once again - extremely frustrating to me to have pretty much the same "problem" posted on two different threads. In the case I took the time to answer both threads, slightly different questions, before I took a closer look. Maybe if you post the whole story once in one place you'll get better answers - or at least only one set of answers.

ScottGem · Apr 3, 2008, 06:17 AM

I've merged your two threads here, Its almost always better to keep the thread together because previous information may bear on the answers.

I would recommend, that you open another account for any extra income. Then inform your bank that the only funds going into the original account are SS benefits that are exempt from attachment.

francy1 · Apr 4, 2008, 09:27 PM

Thank you Scott Gee, and all, for your help.
Sorry Judy Kay Tee for having 2 threads, didn't quite know the way things are done and new questions came up. Thank you

JudyKayTee · Apr 5, 2008, 05:10 AM

Originally Posted by Fr_Chuck

Yes, normally credit card companies don't use small claim court but regular civil court. Guess they could. But also you have to notify the bank that your only money into that account is your SS check, if not when they get the freeze order, they will freeze your bank account and then YOU will have to go back to court and prove it is your SS money to get it unfroze, so i is not automatic don't expect the bank to look up your account see where teh money is commin from.
You have to go inform them of such.

I guess I have to ask, if you could not afford to pay the credit card bill, why did you use it ?

In my area you cannot use small claims as a Plaintiff if you intend to appear with/by an Attorney - no credit card company is owned by an individual (that I know of) so I remain confused.

francy1 · Apr 5, 2008, 07:36 PM

It isn't the actual credit card company, it is the collector that bought the debt. The credit card company sold it to a debt collection company, I guess that is what you call them, have heard them called "bottom feeders" but I don't think that is official. It is below the small claims limit, so that is what they are using.

JudyKayTee · Apr 6, 2008, 06:31 AM

Originally Posted by francy1

It isn't the actual credit card company, it is the collector that bought the debt. The credit card company sold it to a debt collection company, I guess that is what you call them, have heard them called "bottom feeders" but I don't think that is official. It is below the small claims limit, so that is what they are using.

I'm still amazed - they have to be appearing by Attorney which is not allowed in Small Claims Court in many States.

So I've learned something today -

If you think they are "bottom feeders" I would guess this is either not your debt or it's out of Statute or you don't owe the money for some other reason. Are you going to put up a defense?