Being sued by a debt collector

by Linda
(NY)

Hi, I'm being sued by a debt collector. My only income is SSD and child support which I believe according to federal and state law they cannot take. I sent them a certified letter stating this as the summons required a response within 20 days. I am filing the same at court. Do you think they will still proceed on the action or dismiss it. It is for about $4,500.

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Jan 30, 2012
Being sued by a debt collector
by: Debtcollectionanswers.com

It is impossible for me to predict what the debt collector will do. However, it's very important that you show up at the hearing related to the lawsuit assuming it goes forward. If you don't, the collector will win a default judgment against you. Meanwhile, if the lawsuit goes forward, I recommend that you consult with a consumer law attorney about your situation immediately.

I do not know all of the details of your financial situation, but debt collectors that win lawsuits against consumers have a number of different options for collecting on judgments. Therefore even though your income is protected (exempt), if the collector were to win its lawsuit, it might be able to collect on the judgment in some other way -- by putting a lien on an asset you may own or taking money from a bank account in your name -- a savings account -- for example. However, if you are judgment proof and you make the collector aware of that fact, then the debt collector may decide not to pursue the lawsuit.


Jan 30, 2012
debt collector
by: Anonymous

I notified the judge and the company filing suit against me that my only source of income was Social Security and child support which is safe from debt collection. I haven't heard anything since and that was Oct!

You still need to show up in court on the day of the hearing.

Mar 04, 2012
I'm in the same boat
by: Anonymous

I was just wondering if you had heard any response from the court.

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