[2008maggiemay]

We are an elderly couple living on social security and we owe 2250.oo on a credit card. We received a summons last year and I called before the court date and made an arrangemet to pay 220.00 a month that they took from my checking account by automatic withdrawal. This month, dec.2010 I put a stop on the check that they submit. We just don't have enough money to pay that to them as we only receive 1800.00 a month. We haven't bought food for three months now. We have a lot of doctor bills as my husband is disabaled. I signed an agreement with them for the payments. Now they are starting to call and I haven't answered the call yet. I don't know what to do. We do not own our house we live in my sons house. We own a car, 2005 and two old fixer upper cars that don't run. Can they take my major car for transportation? I do not work. Can you help?

[ScottGem]

First, You should never ignore a creditor. In your situation you are pretty much judgment proof. Answer the phone and tell them you can afford to pay them what you agreed and still eat.

Before you do this, go over your budget and see if there is an amount you can pay ($25-$50). Offer that amount.

Also, close out that checking account and open a new one. You NEVER want to pay a creditor you are behind with direct debit.

[2008maggiemay]

First, You should never ignore a creditor. In your situation you are pretty much judgment proof. Answer the phone and tell them you can afford to pay them what you agreed and still eat.

Before you do this, go over your budget and see if there is an amount you can pay ($25-$50). Offer that amount.

Also, close out that checking account and open a new one. You NEVER want to pay a creditor you are behind with with direct debit.

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Thanks Scott for your quick reply, I tried offering the lesser anount to them and of course they refused. Do you happen to know if they can seize our disabilty pension, (which is our only source of income) from our bank or can they take my vehicle? I am stressed out big time now. Also, What do you mean by the statement judgement proof? Thanks again

[2008maggiemay]

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Thanks Scott for your quick reply, I tried offering the lesser anount to them and of course they refused. Do you happen to know if they can seize our disabilty pension, (which is our only source of income) from our bank or can they take my vehicle? I am stressed out big time now. Also, What do you mean by the statement judgement proof? Thanks again

One more thing Scott, I went on line and checked the superior court records and it said that they received a stipulated judgement against us. Does this change anything? And do you feel I am going to have to get an attorney for anythign pertaining to this.

[ScottGem]

Ok, they took the agreement and got a judgment that takes effect if you fail to adhere to the agreement. However, it would appear that you are pretty much judgment proof. They can't touch the disability. Since you have no appreciable assets, there isn't a lot they can do.