Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Unfortunately, the creditor is not required to work out a payment plan with you......most will agree to enter into an agreed judgment that will be held pending payments by you for the debt......and if the debt is paid in full, then the judgment will be torn up. But, if the debt is not paid as agreed, the creditor can file the judgment and attempt to collect.
But, if your only income is disability, it is usually not subject to garnishment, so if they don't work a deal with you, it could make things hard or even impossible to collect. Also, if worse came to worse, you could file bankruptcy and discharge the debt.
These things should be made clear to the creditor when trying to work out an arrangement........but if they press forward, there's no way you can legally stop them (other than filing bankruptcy and taking protection under the automatic stay).
Yes, you can issue the plaintiff discovery requests for an accounting of the debt.....which would be an itemization of the charges, fees, etc. that supports the balance claimed. Also, they should have to prove this at court to the satisfaction of the judge in order to receive a judgment against you for the amount.
If the suit was filed in the wrong county, then you can file a motion to dismiss and claim that the court they filed in has NO JURISDICTION over you or the claim.
That won't make the case go away, but it would buy you some time by delaying the creditor for a month or so.....which would be about how long it would take the creditor to re-file the case in the correct jurisdiction/county.
Your disability benefits should be protected from garnishment. Here's a good link you can read: http://www.consumerfinance.gov/askcfpb/1157/can-creditor-garnish-my-social-security-benefits-pay-debt.html
If you have your money going into an account with someone else's money, it's likely a good idea to change that because you don't want his income to be seized as well....which is what is likely to occur.
You can tell the creditor that your only income is social security/disability, but that doesn't prevent it from being able to obtain a judgment against you --- it really only prevents the creditor from being able to collect from those sources of income.
In order to address the case being in the wrong county, you'd have to file a motion to dismiss the case and file it with the court. You may need a local lawyer or a local legal aid office to help you get that done.
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