1.My last check was paid to the CC company in June of 2006 and although the statuette of limitations here in Pa. is 4 years, I was sent (after the Subpoena and after I requested a copy of the last check) a document called a Civil Docket Report which was dated Sept. 2008 (Entry date,Sept.22) which states that an Arbitration Meeting was requested at this time and since I did not show up, they have won by default.
They want me to bring proof of all my assets to the Subpoena.
Do I need to be concerned about the "Civil Docket Report" that I never recall receiving?
Unlike the Subpoena document, the LVNV papers do not have a Judge's signature or Court Stamp.on them.
Must I give up my assets due to a "default" that I was unaware of?
2.My only income are my SSDI checks that just began this month (Oct.). I've read that this cannot be garnished, however I am also expecting a large check soon from SSD for past months/years for which I was due.
Can they garnish this?
3. Can they garnish my Federal Income Tax return if there is any?
4. I own half of my house.
The other half belongs to my roommates Estate since he died in Nov. of 2006.
Can they still put a lien on my half of the house?
Any advice would be greatly appreciated!
I have been sent a Subpoena to appear in court at the end of this month due to CC debt. Must I go?
2011-10-16 2:10 am
回答 (5)
2011-10-16 3:01 am
✔ 最佳答案
The statute of limitations when dealing with debts refers to the last time that the debtor tried to make contact with you. In other words, if they send you a statement of account just once a year, but do it every year, they are in fact showing you the debtor that you continue to owe money.Statutes of limitations only apply when there is NO ACTION on the part of the creditor or debor. IF they send you statements/bills, then you are still on the hook for the debt.
2011-10-16 9:21 am
You need to contact the court and make sure this is a real subpoena. Some collection agencies (and LVNV falls into that category) send paperwork that looks like court documents but are not. If you failed to show up to a previous summons for the debt, they could very well already have a default judgment against you.
If that is the case, you absolutely must show up in court with all the requested documentation. Otherwise, you could be arrested for failure to appear in court -- this is a court order for you to provide your personal info an assets so the creditor can collect.
The judgment can be used to garnish wages, attach bank accounts, and lien personal property. They cannot garnish SS or SSDI payments. You bank account would also be exempt IF the only funds in the account are SSDI. If there are any other funds mixed in the account, it's all fair game.
Yes, they can put a lien on the house. But they cannot force forclosure. The lien would have to be satisfied before you can sell or refinance the house.
Federal tax returns cannot be garnished for consumer debt.
If you never received the initial summons from 2008, you might be able to get the judgment set aside. You would need an attorney to handle that. It may not be worth the legal expense to do this.
If that is the case, you absolutely must show up in court with all the requested documentation. Otherwise, you could be arrested for failure to appear in court -- this is a court order for you to provide your personal info an assets so the creditor can collect.
The judgment can be used to garnish wages, attach bank accounts, and lien personal property. They cannot garnish SS or SSDI payments. You bank account would also be exempt IF the only funds in the account are SSDI. If there are any other funds mixed in the account, it's all fair game.
Yes, they can put a lien on the house. But they cannot force forclosure. The lien would have to be satisfied before you can sell or refinance the house.
Federal tax returns cannot be garnished for consumer debt.
If you never received the initial summons from 2008, you might be able to get the judgment set aside. You would need an attorney to handle that. It may not be worth the legal expense to do this.
參考: BD
2011-10-16 9:18 am
How much money are you talking about here?
Anyway you have a subpoena so you don't have to go but they court can then issue a warrant for your arrest.
If you ever have to appear in court it is always wise to consult a lawyer (rather than answers.yahoo.com). You don't have to have a lawyer present in court, but an hour or two with a lawyer is usually worth it.
My advise for dealing with debt is to be active in your negotiation.
1. Say you have no knowledge of the arbitration notice and would like an opportunity to negotiate the settlement of the debt.
2. Put forward a proposal to pay x amount every month. Eg, rent out a room in your house to earn some money and pay a little every month.
Generally speaking the court will order you to pay a little off each month than seize assest and leave you homeless.
Anyway you have a subpoena so you don't have to go but they court can then issue a warrant for your arrest.
If you ever have to appear in court it is always wise to consult a lawyer (rather than answers.yahoo.com). You don't have to have a lawyer present in court, but an hour or two with a lawyer is usually worth it.
My advise for dealing with debt is to be active in your negotiation.
1. Say you have no knowledge of the arbitration notice and would like an opportunity to negotiate the settlement of the debt.
2. Put forward a proposal to pay x amount every month. Eg, rent out a room in your house to earn some money and pay a little every month.
Generally speaking the court will order you to pay a little off each month than seize assest and leave you homeless.
2011-10-16 9:16 am
I don't know the answer for all the questions but you have to go to court if you are subpoenad. They can put a bench warrant out for your arrest, fine you, or you could lose your case by default. So I would go for sure.
2011-10-16 9:16 am
I would show up. I understand that the judge, at his discretion, can issue a warrant for your arrest. Just explain your circumstances, hopefully, they can work something out with the big check you are expecting.... unsure what they can do, this might depend on your state. Definately show up with paperwork showing your ssdi stuff.
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