Credit card judgement questions...

[trixlette2]

What is the name of your state? Oklahoma

Approx 2 years ago, I had 2 Credit accounts, one was a Credit Card from Capital One, the other from Fingerhut. I had these cards for years, and managed them, until I got disabled and ended up on Social Security disability. In any event, I could no longer afford to pay these bills. I do acknowledge they are mine, but I cannot give something to someone I do not have. I was just served today and it says I have 20 days....

My income is $740 per month. My legitimate expenses are $688. These are only rent, utilities, medical (prescription and doctor copays) car insurance and food, no extra expenses.

I just got served a summons from Capital One. It says I have 20 days to respond. Would it do any good to respond? All I can say is, yes it is my debt, and I cannot afford to pay it, and my only source of Income is Social Security Disability and Food Stamps? I did try calling them 7 months ago, told them my circumstances, and basically they said, they would see me in court.

So, when they get a judgement against me, can they take, or garnish my Social Security Disability payments? Also, trying to get information online, it says on multiple websites that if I don't go to court or answer the summons , I can be found in contempt of court and go to jail? Will I end up in jail over this?

 

[adjusterjack]

So, when they get a judgement against me, can they take, or garnish my Social Security Disability payments?

No. Social Security is exempt from attachment and interception. I believe it's even protected for an amount of time after it's deposited. And if it's direct deposited and the only deposit, then maybe permanently.

I did try calling them 7 months ago, told them my circumstances, and basically they said, they would see me in court.

Bottom feeding collection agencies often don't believe anything debtors tell them.

Also, trying to get information online, it says on multiple websites that if I don't go to court or answer the summons , I can be found in contempt of court and go to jail? Will I end up in jail over this?

No. Not true at all.

What will probably happen if you don't answer is that they'll get a default judgment for whatever amount they are suing for. It will be uncollectible.

If you have time on your hands and want to make them work for it see the following resources:

how to answer a collection agency lawsuit oklahoma at DuckDuckGo

You'll see some "how to" resources.

If you decide to go that route you can mention that SSDI and food stamps are your only resources.

Also read the Fair Debt Collections Practices Act. If the collection agency has made any mistakes there you can counterclaim for at least $1000 plus actual damages.

https://www.ftc.gov/system/files/documents/plain-language/fair-debt-collection-practices-act.pdf

 

[trixlette2]

TY so much. You don't know how much I appreciate it.

 

[adjusterjack]

You're welcome. Happy to help.