summons served - exemptions claim in reply?

[oldedude]

What is the name of your state? Kentucky

I was served a summons yesterday, for a debt to a cc company.
I don't dispute the debt, but my only source of income is from social security disability income (direct deposited). I have no problem with them putting a lien on my house, as I feel they do deserve to eventually get their money, but I do need all of my ssdi for basic needs.
My question is, would it be appropriate to write a response letter to the court affirming the debt, but claiming the exemption, or do I need to wait until the judgement is made, and then claim the exemption? I don't want to get to the point where they have frozen my checking account and checks start bouncing.
Note: all money in the account is from ssdi.
I appreciate any help offered.

 

[seniorjudge]

Now is the time for you to do something. It's already bad; don't make it worse.

Show up when the summons says to.

Call the state bar in your state capital and ask if they have pro bono lawyers who can help you for free or reduced charges.

There may also be legal aid in your area.

If you are willing to work with the folks who are owed money, it will be to your benefit.

 

[oldedude]

Now is the time for you to do something. It's already bad; don't make it worse.

Show up when the summons says to.

I'm not sure that I follow your train of thought.
The summons didn't require me to show up. It gave me 20 days to file a defense. I have no defense for the debt. It's a valid claim.
SSDI is exempt from seizure. I can get any funds seized returned, but just want to head that off.
I have no problem with them putting a lien on my house or any legal means to recover their loss.
What part of my original statement could possibly make it worse?

 

[seniorjudge]

"...The summons didn't require me to show up. It gave me 20 days to file a defense...."

Look on the summons. It says something like 20 days to file a defense or appear or something.

Anyway, find out what court this was filed in. That is where you need to go.

 

[oldedude]

"...The summons didn't require me to show up. It gave me 20 days to file a defense...."

Look on the summons. It says something like 20 days to file a defense or appear or something.

Anyway, find out what court this was filed in. That is where you need to go.

What it said is;
"You are hereby notified that a legal action has been filed against you in this court demanding relief as shown on the document delivered to you with this summons. Unless a written defense is made by you or by an attorney in your behalf and filed in the clerk's office within 20 days following the day this paper is delivered to you, judgement by default may be taken against you for the relief demanded in the attached complaint"

I don't have a problem with a judgement against me. I just want to notify them at this point, rather than later, that I only have ssdi in my account, and that that is exempt from seizure.

I'm sorry if I didn't give you better information at first. I do appreciate your input.

 

[seniorjudge]

Contact the people who are suing you and try to negotiate a settlement.

 

[oldedude]

Contact the people who are suing you and try to negotiate a settlement.

my question was...and still is;
... would it be appropriate to write a response letter to the court affirming the debt, but claiming the exemption, or do I need to wait until the judgement is made, and then claim the exemption?

Is it
1. Yes, they will take that into account when deciding what relief to allow in the judgement.
2. No, they will ignore that as it does not pertain to a defense.
or
3. I don't know.

If I ask "How do I get from Kentucky to Iowa", I wouldn't expect someone to keep saying "Go to Florida"

 

[seniorjudge]

2. No, they will ignore that as it does not pertain to a defense.

Contact the people who are suing you and try to negotiate a settlement.

 

[oldedude]

2. No, they will ignore that as it does not pertain to a defense.

Contact the people who are suing you and try to negotiate a settlement.

Thank you.

 

[seniorjudge]

You're welcome