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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31591
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was served papers from HC Processing Credit Card. Facts:

Customer Question

I was served papers from HC Processing Credit Card.
Facts:
-I asked for the breakdown of my charges to be sent to me several times, I received nothing
-I explained that I went through divorce and my only income is SSDI & Metlife Disablilty total of $1950.00 per month. I asked for lower payment terms once we agreed on the total due (waiting for statements). They advised they would not accept lower payment, and collection would be filed.
I mailed this request too, no response
-The suit is filed on 10/20/15 in wrong county (Jackson). The sheriff deputy(Gwinnett which is where I reside) that served it had no idea how Gwinnett received them, I just received papers on 3/17/16. I lived in Hall County when the credit card was opened.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

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.

Expert:  Roger replied 1 year ago.

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).

Customer: replied 1 year ago.
Are they not required to verify the details of the debt they are trying to collect? I believe that my wages (SSDI/Metlife Disabilty are protected) Are they not required to follow the Fair Debt Collection Practices? They have filed in a county I have never lived in. § 811. Legal actions by debt collectors (a) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action. (b) Authorization of actions Nothing in this subchapter shall be construed to authorize...
Expert:  Roger replied 1 year ago.

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.

Expert:  Roger replied 1 year ago.

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.

Expert:  Roger replied 1 year ago.

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.

Customer: replied 1 year ago.
the disability wages are protected? I am still on a checking account with my ex husband for payments towards joint debt. Should I move my deposits from that account into a separate one for my disability payments to be deposited into, just in case they try to garnish? And what about the fact it is filed in the wrong venue(county)?
Expert:  Roger replied 1 year ago.

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

Customer: replied 1 year ago.
Ok, so if I ask for the case to be dismissed since I do not live in that county. Should I send a certified letter that tells them that I my only wages are disability which are protected and ask them to reconsider working a payment plan?
Expert:  Roger replied 1 year ago.

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.

Expert:  Roger replied 1 year ago.

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.

Expert:  Roger replied 1 year ago.

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.

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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