I have been getting calls from debt collection agency Weltman, Weinberg & Reis for the past year. I owe about 3000 dollars in credit card debt from capitol one. Now I am having someone try to deliver a summons to me to appear in court for said debt. I have a paper saying notice of pending action service of process that says to call within 24 hours to receive my copy of the court documents and that failure to do so may be interpreted as your intention to resist or oppose service of process. What happens if I ignore this notice? It mentions how I will get served and that will likely cost me more money, but seeing as I am on ssi I assume they still cannot get anything out of me?

I am wondering what my chances are of getting this debt thrown out, either on basis that they won't have the proper proofs that they own said debt, or because I was incapable of having a credit card at the time (on ssi with a payee) and my mother took it out in my name. I read elsewhere on debts to “Ask the court to dismiss the case because they don’t have standing and lack the chain of custody of paperwork. A lot of judges look at the paperwork (collectors provide) and tell the plaintiff that they must be joking.” I am wondering if anyone knows the likelihood of that happening with this debt collection agency?

Being that I am on SSI with no income, will I be appointed a free lawyer that will help me get the debt thrown out? If not, what are my chances with defending myself?

Also can I get in trouble, like sent to jail or have a warrant out for my arrest if I just ignore this, including if I ignore it if and when I get a court summons? (which is what I'd like to do if there's no chance of getting it thrown out). And also, I am living with my boyfriend and we were wanting to put my name on the title of the house we live in. If we did that could the debt collectors take it, or are houses exempt? Can a debtor if they get a lien have someone come into my house and take stuff I own? I do know on ssi they cannot take my money, but I would like to possibly get off ssi one day.

As for my chances of getting it thrown out, here is my story. The majority of the debt however was taken out in my name by my mother about 10 years ago. She was paying on it for me, albeit very slowly and late at times. She died in December 2013 and I decided to default on it as I am on ssi and that cannot be garnished. The majority of the debt was made by my mother in NY while I lived with her, but some of it was made by her in NY while I lived in Michigan. She used it to pay off some bills about a year after I moved away in 2012 to live with my long distance boyfriend. She was my payee for ssi up until the middle of 2013 when I became my own payee and I knew about her taking credit out in my name, but not when she first did it, I found out years later. Being that she was my payee at the time, my mother, and that I lived with her I chose to just put up with it as I didn't have much choice in the matter. When I became my own payee I shut the card down because she continued to use it. Is there any chance of getting it thrown out based on this as a defense? I am not sure how to prove it all either, I don't believe I have any old statements anymore.