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Category: Consumer Protection Law
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Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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i was given papers from discover lawyers that i was over due

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i was given papers from discover lawyers that i was over due and hadnot paid in awhile .i wrote themand told them i was forcedto go on disabilty and could only pay 30 dollars a month. but they served me anyways . i asked them in the beginning to please lower my intrest rate because i couldn't keep up with it ,that never happened. i own nothing i can even sell to get money i only get a little over 1000 a month and after mortage and a cor payment i don't have very much. what should i do .

Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 1 year ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Just to be sure of my answer - what state do you live in?
Customer: replied 1 year ago.

ny

Expert:  Law Pro replied 1 year ago.
OK you would appear to be judgment proof.

But just to be sure of my answer:

Do you have any equity in the home? How about any equity your car?

From what source does your income come from - social security or what?

Customer: replied 1 year ago.

my wife and i have a mortgage on a house ,we rent it to pay the mortgage, the house we live in only my wife's . my truck has both of our names on it and i pay that from my social security i also pay the mortgage on the house we rent out with my social security. i only get 1100 dollars a month ,i own


nothing my self and have not got my name on anything alone

Expert:  Law Pro replied 1 year ago.
So, your only source of income is from social security?

But you do have income from the tenants renting your house - correct?
Customer: replied 1 year ago.

i don't my wife uses it to pay taxes on it we just break even

Expert:  Law Pro replied 1 year ago.
Then you are judgment proof.

The term judgment proof is most commonly used in tort and contract law contexts to refer to defendants or potential defendants who are financially insolvent. Even if a plaintiff were to secure a legal judgment against an insolvent defendant, the defendant's lack of funds would make the satisfaction of that judgment difficult, if not impossible, to secure. In such cases plaintiffs might move for wage garnishment based on the judgment. However, if the debtor is living on income from social security benefits, a retirement pension, or other social welfare, then this may not be possible, as such income is often subject to legal protections against garnishment by creditors.
[Wikipedia]


The term is a bit of an oxymoron (contradiction in terms), because the creditor can sue you and get a judgment -- it just cannot collect on the judgment.

You don't have any income or assets that the judgment creditor can collect on.

So, if they won't make some agreement with you to allow you to pay $20 or $30 per month for just 2 or 3 years (don't agree to anything more) which will completely satisfy the debt - then do nothing because there is nothing they can do to you.


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I wish you the best in the future.
Law Pro, Lawyer
Satisfied Customers: 24775
Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
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