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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
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Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I am 65 years old, live alone, and live on SS Disability of

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I am 65 years old, live alone, and live on SS Disability of $764 a month. In 2010, my home in New Hampshire was seized for overdue HOA dues, and auctioned at a sheriff's auction. A relative in Colorado offered me a room. Before I left New Hampshire, I consulted an attorney about filing bankruptcy, as I had debt I could not pay, mainly a huge utility bill. The attorney analyzed my situation ... no home; no bank accounts; no assets; one old car ... and he told me, "Don't waste time and money on bankruptcy - you are judgement proof." In 2011, I received a collections letter from an attorney's office in Colorado, for the utility bill which is approximately $4000 now (when I lived in New Hampshire, the electric company could not disconnect me, as I had life-supporting equipment that ran on electricity). When this collections office found me in Colorado in 2011, I wrote them a letter listing the facts of my financial situation and attached supporting documents showing my judgement-proof status. I told them that it might be a waste of their resources to pursue me. One year passed. I assumed that they agreed with me. Then, two weeks ago I was served with papers by another attorney's office (they must have sold the debt) for the same bill, ordering me to appear in court November 6th.

My question is how to proceed. I have been involved in a long-term medical malpractice law suit over the surgeon who caused my spine to become deformed. I have had to learn a few things. One of them is how to construct/write a Motion to the Court.
1) Would it be appropriate for me to write a Motion for Conditional Default, Pro Se, listing the facts and history of this debt; my lack of assets and income (although I now recieve an additional $278 per month SS Retirement income)?
2) Is there any consumer protection law regarding the fact that after one year of receiving my letter, they did not respond?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.
1) There is no need to do that. What you probably want to do is file just a regular Answer and then do discovery to make sure that they can prove that you owe the debt. Many times the original documents have been lost and they can no longer prove that you actually owe the money. Regardless, there is no reason to do a "Conditional Default" as defaults provide you no protection no matter how you file them. Listing all of your information doesn't do anything.

2) No, there is no consumer protection law that will help you in this situation. So long as they file within the statute of limitations, which is three years, then it is allowed.
Dwayne B., Lawyer
Satisfied Customers: 27199
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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