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ladybookwerm · Sep 21, 2007, 11:40 AM

Hello. In 2004 I received a credit card from Chase Manhatten. Due to bad health and other problems, I lost my job and ended up being awarded $643 in Social Security disability benefits. By then I was so far behind in bills that I didn't know what to do.

Yesterday, a deputy came to my door with a document saying "Court Of Common Pleas - Civil Action Coversheet" along with other information about my debt. My question is this: what do I do now?? I sent the attorney listed an email asking if some type of payment plan could be arranged. So far I haven't heard from them but it's just been a day.

Will I go to jail? Will they put a lien on my house? Does this mean they can take my house and sell it?

By the way, the amount of the credit card debt is $2386. I was thinking of sending a copy of my Social Security award letter and in writing, asking if a payment plan could be arranged. Would this be appropriate. Also, my house is under homestead.

Thanks for ANY help anybody can offer.

ScottGem · Sep 21, 2007, 12:46 PM

Debtors prison went out in the 19th century, so you won't go to jail. Its unlikely they can put a lien on your primary residence for unsecured debt.

There are dozens of threads here that talk about situations similar to yours. I suggest you read them.

You need to file an intent to defend with the court. If your only income is from SSI, that is exempt from garnishment for unsecured debt.

If they do get a judgement against you, you will send a letter to your bank stating that any funds deposited in the account are exempt from garnishment and that will prevent them from attaching your bank account.

ladybookwerm · Sep 21, 2007, 01:19 PM

How do I file an intent to defend? I can't afford a lawyer. Can I do this myself?

ScottGem · Sep 21, 2007, 04:41 PM

The summons should include instructions. If not, you can ask the court clerk if there is a specific form. Otherwise you can just send a letter to the judge with a copy to the plaintiff, that you intend to defend against the suit and asking that a hearing date be set.

ladybookwerm · Sep 22, 2007, 06:40 AM

Thanks for the great info, Scott. That really took a load off my mind. But what if I didn't do anything?

ScottGem · Sep 22, 2007, 06:45 AM

If you did nothing, a default judgement would be entered against you. That judgement coulf then be used to seize non-exempt assets.