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dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 6009
Experience:  Juris Doctorate Degree
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I am a 73 old male on soical security who is in ...

Resolved Question:

I am a 73 old male on soical security who is in default on my credit card payment and was carried over to any attorney for collection. I have a court date in two weeks. What can I expect to happen to me in court.
Submitted: 9 years ago.
Category: Legal
Expert:  dkennedy replied 9 years ago.


I would like to help you. Hopefully you were properly served the papers that they filed to start this lawsuit. If you were, then when you get to court, you can either agree that you do owe the money and come up with some kind of a payment plan. Or, you can contest the debt--either that you don't owe it, or it is past the statute on collecting the debt--6 years in Hawaii. There could be documents presented or a witness or two. You can speak on your own behalf.

If it is found by the court that you do owe the debt they will issue a court order (judgment). If you have only Social Security as income, they cannot garnish that. But they could take certain property that is not exempt. Usually they do not do that. They can take bank accounts, but you can claim them as exempt if you only put Social Security in those accounts.

You possibly could qualify to have Legal Aid represent you in court. Give them a call.

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