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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12002
Experience:  JD, MBA
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I came home almost two weeks ago to a constaples card on my

Customer Question

I came home almost two weeks ago to a constaples card on my door. When called he said he had summons from a credit card company. He said he would deliver it within a couple of days. I have yet to see him. Shouldl I call him-am I libel because I didn't receive summons by court date? What should I do. Also because of this can my bank account be attached? My soul income is SSI. Does this make jundgment proof and how can i prove it. Thanks-Heidi
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “I came home almost two weeks ago to a constaples card on my door. When called he said he had summons from a credit card company. He said he would deliver it within a couple of days. I have yet to see him. Shouldl I call him-am I libel because I didn't receive summons by court date? What should I do. Also because of this can my bank account be attached? My soul income is SSI. Does this make jundgment proof and how can i prove it.”

Answer: You don’t need to contact the constable about the summons. It’s up to him to serve you, and if you aren’t properly served, then the court date will be postponed until you are properly served. No point in doing his job for him (or helping the creditor).

Since your only source of income is SSI, then you are not subject to garnishment. If the money in your bank account is exclusively from SSI, then it can’t be attached. However, if you have other assets, then those assets may be subject to attachment. For example, if you own a home with substantial equity, then the judgment creditor may place a lien on it.

As for being judgment proof, that is simply a term which means that there is no way for the judgment creditor to collect from you. It is not anything you have to prove. It does sound like you may be judgment proof, but it depends on whether you have any substantial assets that can be taken and sold. I don’t mean things like clothes, dishes, etc. But if you had expensive jewelry, or, as mentioned above, a home with equity, then you may not be judgment proof.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

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DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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Expert:  TJ, Esq. replied 8 years ago.
I don't have anything to do with billing, but I'll ask the moderators to look this over.