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cfortunato
cfortunato, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8023
Experience:  Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
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I just got a summons, from my discover card, served at my door

Resolved Question:

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
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  cfortunato replied 2 years ago.

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 8 other Consumer Protection Law Specialists are ready to help you
Customer: replied 2 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 ?

Expert:  cfortunato replied 2 years ago.
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 2 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
Expert:  cfortunato replied 2 years ago.

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:

http://apps.leg.wa.gov/rcw/default.aspx?cite=6.15.010.

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 2 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
Expert:  cfortunato replied 2 years ago.
No - public defenders are only available for criminal cases.
Customer: replied 2 years ago.
well if it is not crimminal then why was the sherriff (they have guns) at my door?
Expert:  cfortunato replied 2 years ago.

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

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