How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8023
Experience:  Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
Type Your Consumer Protection Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

I just got a summons, from my discover card, served at my door

This answer was rated:

I just got a summons, from my discover card, served at my door by the sherriff.
it does not say a court date or anything except that I owe. (?) I've never said I don't owe but it also says that I'm married (never and never said I was) states that I can serve them and take it to court(?) isn't that what a summons means - that it is filled with the court? also the date is wrong -they served me on the 19 and the document says the 4th.
What will happen next (if I don't serve them) besides the obvious action of not denying the debt? I am a 51 year old ,disabled (car accident),single mom who is trying to save $ up to file for chapter 7

Hi JACustomer,

If you do not respond to the Summons - and if you are not disputing the debt you do not have to respond - the creditor (Discover) will get a default judgment for the amount they are asking for.

Since your only source of income is SSI and disability, unless your car is worth more than $2,500 (after subtracting the balance of the car loan) there is nothing that creditor can do to you, even with a judgment.

Additionally, if all the money in your bank accounts is from SSI and disability, creditors cannot garnish those bank accounts. However, if there is any money in those accounts that is not from SSI or disability, those accounts can be garnished.
Also, if all the money is from SSI or disability, you should inform the bank - in person and in writing so you have proof - that they should never allow your account(s) to be garnished because all the money is from SSI and disability. If you don't notify the bank, they will not know all the money is from disability (even if it is direct-deposited), and your account can be garnished.


I think this is what you wanted to know. If not, please let me know.
Thank you!


cfortunato, Lawyer
Satisfied Customers: 8023
Experience: Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
cfortunato and 6 other Consumer Protection Law Specialists are ready to help you
Customer: replied 5 years ago.


I will make sure I inform my bank thanks, XXXXX XXXXX if my car is worth 5k and I only owe 700.? ...should I still try to save 1k to file #7 to keep it or what happens if I go into default on the car ?

Thank you for accepting my answer!
There is also a $2,000 "wildcard" exemption for personal property, which can be used to protect your car, in addition to the $2,500 exemption. With both of these, you should be able to keep your car, especially since a court will subtract the cost to sell a car from the car's value, and especially considering the fact that if your car is worth $5,000 right now (after subtracting the $700 still owed), it will be worth at least $1,000 less by the time the creditor gets a judgment.
As these exemptions are the same for a Bankruptcy, filing a Bankruptcy will not make a difference.
If you default on the car loan, the car will be re-possessed.
Customer: replied 5 years ago.
well I really do not want to default on the loan... never missed a payment but what will happen next ? will the creditor send me a court date or will they just get a judgement how do I use' the wildcard and other exceptions...if I don't file? thanks

Thank you for the bonus!

Yes - a court date will be set, and you can use the exemptions now without filing a Bankruptcy.

Here is the complete list of property that is exempt (protected) from collection to satisfy judgments:

This is the list of property that is exempt from collection for judgments and also the property that would be exempt (protected) if your did file a Bankruptcy.


Customer: replied 5 years ago.
thank you...just one last question I assume that the court date will be sent in the mail and if I am being sued so to speak, will /can I be appointed a public defender? thanks for your help
No - public defenders are only available for criminal cases.
Customer: replied 5 years ago.
well if it is not crimminal then why was the sherriff (they have guns) at my door?

In many areas a sheriff serves civil papers. If this were a criminal proceeding, they would have arrested you.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Infolawyer



    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
< Last | Next >
  • Infolawyer's Avatar



    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • Tina's Avatar



    Satisfied Customers:

    17 years legal experience including consumer protection law.
  • Barrister's Avatar



    Satisfied Customers:

    Attorney with 15 years experience in various consumer protection areas
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16+ yrs. of legal experience.
  • Andrea, Esq.'s Avatar

    Andrea, Esq.


    Satisfied Customers:

    25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
  • LADY LAWYER's Avatar



    Satisfied Customers:

    Consumer Lawyer

Related Consumer Protection Law Questions