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  1. #1
    Join Date
    May 2013
    Location
    Southern California
    Posts
    28

    Default Can a Debt Collector Go After an Inheritance

    My question involves collection proceedings in the State of: California

    Hi everyone, I was served with a summons by a Debt Collector and need to decide whether to respond and pay 255.00 for the answer. Some history on my situation I have 24,000 of debt that has gone to collections (save for a few Amex and target). I have a current loan from CashCall which is mostly paid back except for the interest payments. I am not sure what the interest is right now only is that its possibly outrageous(I can ask next time I call).

    I talked to a few lawyers and legal aids and some said File BK right away to protect myself and my inherited property(one quarter share in a 30,000.00 property - according to the county assesors office)

    One lawyer advised me to file and answer and ask for a wavier of fees and state my defense as SOL was exceeded and failure of the plaintiff to mitigate their losses (original creditor has sold debt to Portfolio Recovery Associates) Can I claim that I am low income and repayment would constitute hardship?

    If I don't get a break on the answer filing fee (as advised) then I will have to pay 255.00 and not pay(or underpay) on the cashcall loan. Answering the summons may get me a better deal (or payments after a judgement is entered), is this correct? Should I just not answer and pay the loan to stay current seeing as I will get a judgement anyway?

    How is the inherited property affected and what will defend it if possible (from attaching or liens?)

    I can respond with more information later today if needed. Thanks for any information

    Respectfully Matt291

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Answering Summons Debt Collector- Current Debt Payments W/High Interest

    Difficulty repaying a debt is not a defense to a debt. If you have a potential statute of limitations defense you should assert it - but you have not shared the relevant information for us to comment on that issue. If you choose instead to default, a default judgment will be entered against you.

  3. #3
    Join Date
    May 2013
    Location
    Southern California
    Posts
    28

    Default Re: Answering Summons Debt Collector- Current Debt Payments W/High Interest

    So far I am thinking its best to avoid defaulting on Cashcall loan at this time, due to the potential problems (two judgements not one). Then trying to scrape together money for the answer before the 14 of June. More research is needed for other stuff.
    Matt291

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