Received Summons For Credit Card Debt

[mrnat]

I live in San Francisco, California.
Yesterday, I received a summons which indicates I am being sued by a credit card company, and that I am to appear in court, this Friday, for a "case conference" with the law firm that is representing the card (discover)issuer. The amount they are asking for is the original line of credit ($4000+), in addition to attorney fees and court costs. My income, ($1312 per month) is from state disibility insurance, and is due to expire in march of this year. After that, I will more than likely apply for social security disability, or return to work.
1. What is a case conference?
2. How far can they pursue this matter, considering I am receiving disibility, and will probably continue to receive it for quite a while (that is if I do in fact apply for it?) I do not own a house, car, or any other property.

[joe poole]

I am from NJ and have similar circumstances, I received a summons for same but I have 35 days to respond and am trying to understand what I am suppose to do, I would have a difficult time paying a lawyer, can you tell me did you also have a similar request with a deadline to repond ?

Jp

[mrnat]

I don't remember; this is part of my disability. My memory and concentration have been diminished.

[joe poole]

I also have a SSI income for a disability, however my debt occured from a business venture, where I was financed by using credit card credit and unsecured loans, I also incurred a creditor that appears to be a competitor,
that may have been involved in deceptive practices and was the cause of my demise, therefore, I am seeking investigation advice, however, I have noticed on a previous thread that under some circumstances a social security covered disability, may be considered a non collectible debt status ?

Jp

[Mr. Knowitall]

A case conference is normally used to discuss the conduct and scheduling of discovery, scheduling of hearings, and other matters.

They can pursue their case to judgment, and then try to collect the debt from whatever assets of yours they can find which are not excluded from garnishment or execution.

[mrnat]

What assets are generally excluded from garnishment or execution???
g91nate@netscape.com

[aaron]

See this chart (PDF Format) from the California Courts.

[mrnat]

The chart is very helpful. Thanks much!

[mrnat]

I went to the courthouse to find out exactly what I needed to do to respond to the summons. The clerk told me that the "case conference" was a meeting wherein the plaintiffs get together and discuss the status of the suit against me. The clerk also told me that I had until February 3rd to respond in writing, and that the response had to be typed on a legal form. When I asked which of the forms I had to use, the clerk told me that he wasn't allowed to answer that because it could be construed as legal advice, and they aren't allowed to give advice. I was shocked, to say the least. I then asked if I could simply type response in narrative style, and he said it is best to use a legal format, and he held up the first page of another document as an example. At this point, I'm frustrated, and feel like ignoring this whole matter since I can't pay even if a judement against me is granted, and I have zero assets that can be garnished.

[aaron]

Here's a sample answer to a complaint from a California law firm, to give you an idea of the proper format.