[omcleod]

Just got a summons from court for credit card debt with capital one bank. To the point, my question is this--If I did nothing and judgment was entered against me then could they take my car? It is the only thing I own other than some furniture. It is paid off. I rent my house and have no income except for SS Survivors Benefit Check. I have it electronically deposited in my checking account each month. I think I understand that they can't touch that but what about my car-and IF they can take it then is it LEGAL to put it in someone else s name and still drive it? (being that a lawsuit has already been filed. And they would obviously know why I did it) One other Q while I'm here as this is my 1st post. Do credit card companies and/or their collection agencies HAVE to accept payment from me, even if it is just a dollar a week? Thank You
PS: YES I do owe the debt but simply can't afford to pay it or even make "acceptable" payments on it during these hard times. I cannot afford to pay for bankruptcy. I have no job, no income but the SS, and own nothing but the car.

[slk8175]

I am in same situation as to yesterday. Did you ever find an answer to your questions? And do you still have your car?

[antherry]

My sheer guess is that no they cannot take your car. Never heard of that happening. Even in bankruptcy they let you keep enough stuff so you can still survive and make a living, etc. Again, just a guess.

Now, I am a bit surprised to hear you say that they can't touch your Social Security benefits... I would think that they could still levy your account for a few dollars a month.

When you show up to talk to the judge (and DO show up!) just explain your situation and tell him you'd gladly work out to pay $10 a month.

As for "Do they have to accept any payment... No. It's their debt, they can do what they want...

[nheimerle]

As far as your ss benefits, no they can not touch that. My ex owes a great deal of money and he's on ss and he told me that they are not allowed to touch that money. I found this on Google... types of income, including Social Security benefits, workers compensation, unemployment benefits, disability benefits, Veteran's benefits and retirement benefits are exempt from garnishment.

[DownUnder]

If a judgement is entered against you then it will be up to you to make sure your ss is not touched because once the funds hit the account they have no way of knowing its exempt The worst thing you can do is not go to the court date,if you ignore it they will get a default judgement
And then your troubles begin. As far as taking your car I would not think so but they may put a lien against the title.

[wonderinghow]

They just came and picked up two of my cars! They had a judgement from the court for the sheriff to pick up property. And if the judgement isn't settled they can come back for more! They can also take your state refund. They will take the money from your bank account. They do not care about anyone circumstance.