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I'm being sued, I get 703 a month in social security. It's not a government agency. It's a yellow page book?


I meant to say, I'm not being sue by a government agency!

I see you added additional information so I'm commenting a little more with an old yahoo account; I previously replied as dee dee. I think this can rule in your favor, for one there's nothing in writing, secondly you should seek legal help immediately to find out whether they even have grounds since the debt is almost 3 years old - it varies from state to state. I'm sure you qualify for free legal help in your area - have a lawyer review the summons to ensure it's validity and help you draw up your answer letter to the summons. It's very important to answer before the time is up or else they can get an automatic judgement. Based on what you're saying they don't seem to have much of a case so it would be a shame for them to get a judgement just because you didn't answer. Be sure to also get a waiver form for filing your answer most court clerks charge a fee but you can fill out a waiver form and turn it in with your answer and it will most likely be granted.


Also very very important thing to do is write a Validation letter to these people asking them to prove this debt is yours. I believe if they don't provide valid documentation within 30 days this can be thrown out - based on the fair debt collection practices act be sure to reference this act somewhere in your letter- but I strongly recommend you talk to someone in your area as deadlines and procedures vary from state to state. Be sure to send the validation letter certified so you have proof they received it.

Start a folder with all your documentation and correspondence between you and these fools, so that you're fully prepared by your court date. document any phone calls, names etc as you may need to reference dates and names later. Provide the judge with the copy of your validation letter as well , he will most likely ask the plaintiff if they have provided proof of the debt, so I would recommend that before your court date the presiding judge has: your answer to the summons, your letter to the judge explaining your situation- why you dispute this and how a garnishment will be a detriment, and finally a copy of your validation letter that you sent to the plaintiff. Give yourself a shorter time frame so that everything is in place long before the date if you have 20 days, try to do everything in 10. Sorry it's so long I hope this of some use to you. Best wishes I think it will turn out fine - as long as you're proactive. : )

you really should give more details, like what you're being sued a for? unpaid loan?, credit card?, child support? if it's a loan check the fine print, also if you feel whatever they are suing for is a legitimate debt try to settle out of court call them and propose a payment arrangement with them or send a proposed arrangement to their lawyer. They may refuse but that could work in your favor, as judges hate to have their time wasted on cases that could be settled outside of court.

Also if you received a summons be sure to answer the summons as soon as possible otherwise when the case goes to court and it shows you didn't answer , the other party will get a default judgement and garnish your wages. Then I would suggest writing a letter to the judge pleading your case about your income and that you tried to work on a payment with the other party but they refused, state what you can afford to pay and your circumstances, you'll have to copy the other party - it can go either way but it's worth a try to make some effort.

I went through a similar situation in my case it was a temporary hardship I was on maternity leave and my husband got laid off, even though I stressed my hardship before falling behind they hastily took me to court and tacked on a ton of attorney fees. I offered to pay amount plus fees, they said no so I did my homework checked the fine print, and in my letter to the judge I pointed out things in the contract that went against what they were suing me for i.e not attempting arbitration, no legal fees can be asked for etc, in addition to details of my hardship. The judgement they wanted was denied and the case dismissed and now I pay them less per month than what I originally paid all because they sued me for being just over 30 days late.

Sorry for the long answer - you can definitely get through it just be proactive. Good luck to you

in very few cases can someone take or garnish your social security. Social Sec is considered an entitlement to you that would be almost impossible for a private party to get, even if they get a civil judgment on you. Only exception I can think of would be a studen loan default, a criminal judgement against you that included monetary judgement,, child support that was past due or maybe if you defaulted on taxes.

If it's the yellow page book look in the lawyer section, you can't miss it, the lawyer section is an inch and a half thick.

So your being sued by Southwest Bell Telephone company? Probably for nonpayment of bills.

Get a lawyer. There are probably some free legal clinics available.

Okay. Hire an attorney.

YES, that simple that easy, not all but I think the figure is 33%.

well, why are you being sued? details

Contact legal aid --they will tell you you are "uncollectable"

what's your question?

If you owe the money you would be better off making payment arrangements with them and/or try and negotiate a lesser amount. (Try for 70% of what you owe)

If you have a signed contract wherein you are just neglecting or refusing to pay, hiring an attorney will only cost you more money as you may be responsible for not only paying YOUR attorney but THEIRS as well.

REGARDLESS - IF YOU ARE ON SS OR SSD OR ANY OTHER GOVERNMENT SUBSIDARY THEY CAN AND MOST LIKELY WILL - OBTAIN A JUDGMENT AND HURT YOUR CREDIT RATING !!!! IF THIS IS A UTILITY THEY "MAY" BE ABLE TO REFUSE FUTURE SERVICE IN YOUR NAME A JUDGEMENT STAYS ON YOU CREDIT REPORT FOR TEN YEARS AND KNOCKS ABOUT 30 POINTS OFF YOUR F.I.CO. SCORE !!

Strike a deal and negotiate ignoring it will just make things WORSE they can and most likely WILL get a judgment for the full amount plus fees, interest and so forth. Honey, do you think they will really care at that point what your income is - probably NOT !!!

I am NOT saying they can garnish Social Security - She is somewhat of a protected class. However, it WILL effect her "credit worthyness" Bottom Line - Get a knowlegable Attorney applying with Legal Aide - They will review your Application and usually will take your case because you are on SS benifits. There are MANY good usually newer members of the bar that donate their time to such cases !!! However, just because you are on SS benefits does not give ANYONE the right to negate or renig on ANY type of contract for payment or to get everything for free after agreeing to pay.

Well, you did not give us all that info !!! That changes EVERYTHING !!! The BURDEN OF PROOF is on THEM !!! Hopefully you will NOT hear back from them !!!!! Although check your credit report and dispute anything you do not recognize. You may want to do that soon !!! Sounds as if you may be a victim of "identity theft" Filing a police report will help your position !!!

Good Luck !!!

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