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  1. #1
    gatorguy11 Guest

    Is Social Security judgement proof?

    What is the name of your state? FL I have a law suit filed against me for a charged off credit card debt, if they get a judgement, can my Social Security be attachment? would they not need my bank account number? Thanks
  2. #2
    kevinss Guest

    Absolutely not.

    SS benefits are expempt income. They cannot touch them.
    If they have your checking account number already, they may attempt to pursue garnishment of the account. You'll have to send them notification of exemption of income.
    When were you served your summons, when was the judgment entered, and what documents have you received since then?

    ____________________________________________________
    I am not a lawyer. Information offered is my personal opinion. Information offered is known to be true at time of posting.
  3. #3
    gatorguy11 Guest
    Thank you very much. Things are in process, just found out law suit filed, do not know what kind of judgements they get and how collected? can you offer info. I am retired and have older car paid off, older mobel home ,not much equity, just bought. Thanks again
  4. #4
    kevinss Guest

    Surely

    We will try to help out all we can.
    Remember, though, that this is free advice. We aren't lawyers and you do need to do what's best for yourself.
    I'm not sure what the laws of Florida allow, but in most states you will get a summons from the Sheriff to appear in court. As I understand it, there should be a form included that allows you to list your expemtions - do you have that?

    ***anyone else, please correct me if the expemption form is elsewhere***

    What is the auction price of your vehicle? If it's greater than $1000, you may have an issue. If less, you're 100% safe.

    You might want to review this link:
    [url]http://library.lp.findlaw.com/articles/file/00060/000538/title/subject/topic/consumer%20law_credit/filename/consumerlaw_1_97[/url]

    Also, review:
    [url]http://www.flabar.org/tfbtemplates.nsf/newwebsite?openframeset&frame=content&src=/TFB/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/14e6210c7536af9d85256b2f006c54ed?OpenDocument[/url]

    You'll have to file an affidavit with the court to claim your exemptions. Like I said above, my impression is that you're given papers to notify you of your right to do so and instructions when you're served. Was this the case?
    Last edited by kevinss; 03-27-2003 at 06:54 AM.
  5. #5
    gatorguy11 Guest
    Thank you for your help!!! All I know is that law suit has been filed, letter from attorney wanting to defend. My car is over $1000. Mobil home doesn't have much equity. How about personal things? As just a guess mate, how long before something might be on docket? time line concerning this in general, cannot afford an attorney Maybe moving this summer to another state, not because of this.Thanks
  6. #6
    Ladynred is offline Senior Member
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    The value thing on your car - go to kelly blue book site, [url]www.kbb.org[/url] and look up the trade-in value. Then take 30% OFF of that price and you'll be fairly close to the wholesale value that would be used.

    As for what KIND of judgment, any judgment for a debt is called a 'money judgment'. In FL, homestead is 100% exempt, and that includes your mobile home, regardless of equity. If you're head of household, they can't garnish wages, but they can go after bank accounts and any non-exempt assets. Since you're source of income is exempt, and you shoudl notify the bank of that, then they can't take that from you either. All that's left for them is to go for either a lien against property (unlikely) or non-exempt property. Personal property items, like your household goods, are valued at garage sale prices and most people can get all their 'stuff' in under the exemptions. Its unlikely they'd go after your toaster anyway

    As for how long it takes, well, that depends on your state laws and how far along in the process you are. If you've been served, you usually have an average of 20 days (varies by state) to file your Answer to the Summons. Once you do that, if you've denied anything in your Answer, they'll set a court date - and that all depends on the court's case load. It could happen in a month or it could go 3 or 4 months, I've seen where both have happened.

    How old is this debt and when was the last time you paid the ORIGINAL creditor ??
  7. #7
    gatorguy11 Guest
    Thank you very much, it is helpful to know these answers. Debt is from 2000, also last payment. If I really have nothing, what good does it do me to respond and go to court and list anything that might help them? Can they get judegement and have Sheriff come to my place and seize everything??? Thanks so much again...Don
  8. #8
    kevinss Guest
    That's what I was concerned about. I'm sure most everything of his is exempt (as are my things) but I'm not sure when and where you actually draw up the list of property and exemptions. Does that happen after the Sheriff comes to your door to sieze, or does that happen before execution begins?
  9. #9
    Ladynred is offline Senior Member
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    A lot depends on the court procedure in your area, but I believe that you would usually file and claim your exemptions after a judgment is rendered, and there's a time limit for you to do so. Here in TN, you have 10 days from the time the judgment is renedered to file your exmeptions with the court. The thing to do is call the court clerk and ask for the form you need to claim your exemptions. That's another reason why its important to go to court, so you know EXACTLY what's happening and when and you don't miss any critical dates. The Sherriff won't just show up at your house and start taking your things - they KNOW what's normally exempt, but you still have to claim your exemptions.

    Another reason to go to court would be that you would likely be instructed by the judge, prior to going before him/her, to go into a room and work out a settlement with the suing attorney. If you can't reach a settlement either for a lump sum or payments, then it goes before the judge.

    As for listing anything that might 'help' them, they're going to get that info anyway either thru sending you interrogatories that you MUST answer or possibly be found in contempt of court - OR, they'll summon you to court for a 'debtor's examination' and you'll STILL have to answer all their questions about your income, bank accounts, assets, expenses, etc. So, in the end, there's no way around them finding out just what your financial situation is.

    If you don't respond to the Summons and go to court, they win by default and you cold possibly lose things you would normally be able to protect and keep.
  10. #10
    gatorguy11 Guest
    Thank you, very helpful. I am confused on terms "Summons" and "being served"? I have received nothing, is the filing of the suit a summons you have to respond to? or do you get sent something? Being served is the court dateetc? Thanks agian...Don
  11. #11
    Ladynred is offline Senior Member
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    If you haven't been served a Summons (process server or officer comes to your door with papers), then how do you know there's a lawsuit filed against you ? Or did some collection 'attorney' just tell you you're being sued ??

    When a suit is filed at the courthouse, it is required that you be notified of the filing of the suit and given a chance to defend yourself. You are notified by being 'served' a Summons with a copy of the Complaint (lawsuit) and you are then required to file an Answer with the court. The instructions for that would be in the paperwork you receive. If they don't use personal service, you can be served by certified mail and possibly even 1st class mail (depends on state procedures). Some states even allow notice by publication - a notice in the paper - but that generally seems to be a last resort when 'due diligence' at the other methods of Service fails.

    If you haven't been Served a Summons, then I suggest you call the county courthouse and find if a lawsuit even exists, especially if you've only been told there's a suit by a CA attorney. There can be a significant delay between filing of a suit and Service of the Summons.
  12. #12
    gatorguy11 Guest
    Yesterday I received a letter from two different attorny's saying there was a suit filed against me in the court system and had 20 days to respond.
  13. #13
    gatorguy11 Guest
    How and when do I know there is a court date? Thanks....
  14. #14
    gatorguy11 Guest
    so many questions, so little time lol. If there is a delay in contacting me usually with summons, how does this effect the 20 day response time to suit? does it start after you are served? Thanks
  15. #15
    Ladynred is offline Senior Member
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    The 20 days usually starts from the time you are served.

    I wouldn't rely on letters from attorneys saying you've been sued. I'd call the courthouse ASAP and find out if there's really anything there and find out if you've been served and if not, when is it scheduled. If there is a Proof of Service and you received no Summons' then get a copy of that Proof of Service.

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