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Sued Over Credit Card Debt in Michigan

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  • 05-14-2011, 09:57 AM
    Hopefully23
    Sued Over Credit Card Debt in Michigan
    My question involves collection proceedings in the State of:Michigan Im a disabled Social security and welfare recipient. I have been served complaint summons, told not to attend unless I could pay. Now received, Hearing for entry of judgement, what can I do to avoid the Entry hearing and garnishment procedure, as I have nothing of value? Thanks for any advice!
  • 05-14-2011, 03:02 PM
    jk
    Re: Sued Over Credit Card Debt in Michigan
    Quote:

    I have been served complaint summons, told not to attend unless I could pay
    who told you that?

    If you were properly served and you don't attend a subsequent hearing, the plaintiff is going to get a default judgment. That's how it works. Unless you have some defense to the claim of the debt being yours or you wouldn't owe for some other reason, they would likely get a judgment anyway though.

    So, not a lot you can do to prevent the judgment. Once that is obtained, they have a right to levy back accounts and seize funds from whatever source as long as the are not exempt. I do believe SSI, SSDI, or any welfare money is exempt but would have to confirm that. Unless you have funds or property beyond the exemptions, they really cannot do anything to collect on the judgment. Now, when tax time rolls around, that may be a different story.
  • 05-15-2011, 08:46 AM
    Hopefully23
    Re: Sued Over Credit Card Debt in Michigan
    An attorney online, told me if I dont have the money and cant dispute it there was no sense in going. Having no saleable assets and no more than $20 dollars in the bank, would they proceed to garnishment? If they do, what happens then? Can I file against the garnishment, citing no income other than SSDI and welfare? Any idea of time frame? Thanks jk!
  • 05-15-2011, 10:33 AM
    jk
    Re: Sued Over Credit Card Debt in Michigan
    Quote:

    An attorney online, told me if I dont have the money and cant dispute it there was no sense in going.
    to me, that is a bit different than simply somebody telling you to not go. One is a suggestion, the other a directive. The attorney was right, to a point. Sometimes there is a purpose in going even if you don't have the cash to pay but that is another topic.

    I suspect you don't having anything that is attachable so realistically, they can't really take anything from you. If you get notice from the bank your account is being frozen or seized, you argue the levy with proof of where the money came from. Very little you can do proactively. It becomes reactive at this point. No idea of timeline. Generally you would be subject to a debtors exam. If you are, you simply respond as required. At that point, a determination will be made whether you have any attachable assets or not.
  • 05-15-2011, 11:15 AM
    Hopefully23
    Re: Sued Over Credit Card Debt in Michigan
    Thanks, I appreciate your input regarding this.
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