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Civil Summons Served For A Kentucky Collections Case

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  • 07-27-2007, 10:08 AM
    inthegallows
    Civil Summons Served For A Kentucky Collections Case
    I just received a civil summons for past credit card debt. The SOL is not run out. I was disabled back in Spring 2003. I filed for disability and am still waiting for a decision by our justice system. I have sent out letters to my creditors stating this fact. I guess somehow I missed sending a letter to this creditor and they have now brought this before the courts. The summons states "unless a written defense is made by you or by an attorney on your behalf....within 20 days". Is there a "sample" written statement for Kentucky that I could use to go by and submit the proper paperwork?

    One further question, the complaint states "Defendant has failed and refused to pay the Plaintiff the remaining balance of its account in the amount of $X,XXX.XX, together with interest accruing thereon, as evidenced by the attached Exhibit "A". Where is this exhibit "A"? Do it not have to be attached to the summons itself?
  • 07-27-2007, 11:17 AM
    seniorjudge
    Re: Civil Summons Served For A Kentucky Collections Case
    The exhibit should've been attached to the summons.

    Go to the courthouse and get a full copy of your file.
  • 07-28-2007, 09:40 AM
    Betty3
    Re: Civil Summons Served For A Kentucky Collections Case
    Also, be sure to answer the summons in the time limit allowed or they can get a default judgment against you.

    You can do a google search for sample letters to use re answering a summons.
  • 08-01-2007, 12:43 AM
    inthegallows
    Re: Civil Summons Served For A Kentucky Collections Case
    I am wondering how much or what can be "taken" from me should this make it to court. As I said before, I am disabled regardless of the decision of my upcoming undated, as of yet, ALJ decision for disability. I make a measly amount of income from my old website which shows ads just like the ads shown here on this forum. I own one old truck which I paid $500 for and am on a contract for deed for land of which I have interest maybe $600 principal, I guess you could say. My fiancee is disabled as well and we have basically been living off her income for the last four years. She has a 1984 old beat up truck that is in both our names and she paid $5 for. What I'm trying to say is, you can't squeeze blood from a turnip. I'm about ready to fall off the face of the earth just to get away from these people calling all day long. I am thinking of calling the attorney office handling the case tomorrow and asking what gives? What kind of offering can I make to these people? Will they take broken dreams and wishful thinking for payment? I realize they want their money, but folks, sometimes things happen in life and you just can't do what you were doing before to make things right. I'd give up my beating heart if I could go back to the life I had before and be able to pay these creditors back. Sorry for the rant, but I just don't understand the American way of life any more and feel very sad for the type of nation we have become.
  • 08-03-2007, 06:17 PM
    Betty3
    Re: Civil Summons Served For A Kentucky Collections Case
    If they get a judgment against you, they can take all non-exempt assets in the state of Ky.
    Kentucky Post-Judgment Asset Exemptions


    Homestead: Real or personal property used as residence up to $5,000.

    Pensions and Retirement Benefits: Funds exempt for firefighters, police, teachers, state employees and county government employees. Other pensions exempt if needed for support. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Limited to contributions that are made more than 120 days before bankruptcy filing.

    Insurance: Annuity benefits up to $350 per month. Life insurance, if beneficiary is a married woman or not the insured, or a clause in the policy prohibits payment to creditors, or if a group policy. Health or disability contract benefits. Cooperative life or casualty insurance benefits. Fraternal society benefits.

    Personal Property: Burial plot up to $5,000 in lieu of homestead exemption. Clothing, jewelry and furnishings up to $3,000 total. Payments for lost earnings needed for support. Medical expenses. Reparation benefits. Motor vehicle up to $2,500. Personal injury recoveries up to $7,500 (not to include pain and suffering). Wrongful death recoveries.

    Tools of Trade: Tools up to $300, plus artisans in the business of maintaining mechanical or electrical equipment in general use, and ministers, attorneys, doctors, chiropractors, veterinarians and dentists may exempt a motor vehicle worth up to $2,500. Ministers, attorneys, doctors, chiropractors and veterinarians may also exempt up to $1,000 of professional equipment. Farmers may exempt up to $3,000 in poultry, livestock, tools and equipment.

    Miscellaneous: Business partnership property. Alimony and child support.

    Wages: Greater of 75% of earned but unpaid wages or excess of disposable wages over 30 times federal minimum wage.

    Public Benefits: Unemployment compensation. Workers' compensation. Aid to blind, aged and disabled. AFDC. Crime victim's compensation.

    Wild Card: $1,000 of any property.
  • 08-06-2007, 06:01 AM
    inthegallows
    Re: Civil Summons Served For A Kentucky Collections Case
    I "own" below every exemption there. I guess I'll just have to file bankruptcy, that I've been putting off for the last 3 years.:wallbang:
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