Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Jan 2007
    Posts
    17

    Default Possible Summons in California

    I,m in California.
    I,m trying to work with a firm called M.R.S Associates Inc[Ohio based], over an old credit debt from Capital One, which currently stands at $1083.18.
    I,m a full time student, and between my cash aid, and a small part-time on campus job, my total monthly income right now is about $1150. Currently our rent is $840 per month, and after essential utilities,we have very little income right now.I,m also sole support to my wife and 3 1/2 year old son.My financial aid for the upcoming school year is currently being assessed, and is paid to me directly, by my college, in two installments, the first of which is in mid August, but with which I have to budget, for rent and basic utilities, until the second installment in mid October.I will only have my part-time job until mid September, when I,m going to enter clinicals for a nursing program.
    I explained the situation fully, but the guy I spoke to, indicated that unless I pay $200 by 7/31, they will recommend court action.I offered $50, and regular instalments, once I,m aware of EXACTLY what my upcoming financial aid will be, but of course my offer was outright refused.
    Exactly what can happen, if they decide to proceed with court action, and what can they garnish, as I said, I only have my job until mid September, and after that its purely what financial aid I receive, and our cash aid.My top priority is maintaining my rent and basic utilites, to keep a roof over mine and my families heads! I do not own a car, but do have a joint checking account with my wife, our cash aid is paid directly into it, and from which we pay our rent and utilites and thats it! Can they garnish our cash aid?
    Thanks in advance for any help, as I,ve never been in this situation before.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Possible Summons in California

    So, why do you not simply have the wife working?

    You getting a fulltime job sure would help as well.

    Why do you expect others to help you when you are not helping yourself to the greatest degree available to you?

    without researching this, I would doubt your financial aid is available to them. So what happens is they sue you , get a judgement, hang onto that judgement (including attorneys fees and court costs PLUS interest) until you have a job and then grab that.

  3. #3
    Join Date
    Jan 2007
    Posts
    17

    Default Re: Possible Summons in California

    JK,
    Before you rush to judgement about me....
    1.My wife is not a lazy person, she doesn,t have legal authorisation, to work in the States right now, as we are still putting her thru her residency process.Trust me if she could she would work, but refuses to work ILLEGALLY,and jeopordize her green card process.
    2.Our public assistance is just based on myself and our son, so even though we are a family of three, we receive aid for only a family of two.So in no way are we "milking" the system.We relocated to CA from MI, looking for a fresh start, after I was layed off long term, and I have worked hard all my life, served in the U.S Navy, and paid my taxes, and as this is the FIRST time, I have EVER claimed public assistance, I resent your implication, that I,m not doing my best.
    3.I,m a full time student,committed currently to 17 units, at the very beginning of a Vocational Nursing program, which in 18 months, will see me with a FULL TIME job,and a degree.At the moment I,m doing what I can, I,m just sorry it doesn,t suit you!! I,m doing this course, so I can provide for my family and make a better standard of living then right now.
    4.I posted on this site looking for CONSTRUCTIVE help, not outright judgement, when you DO NOT know me personally or our situation.
    5.As i said I have NEVER been in a summons over a debt situation before, so just wanted advice.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Possible Summons in California

    Check to see if any emergency loans are avaialable through your college.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Possible Summons in California

    Before you rush to judgement about me....
    You're right, I did rush the judgement, to an extent.
    1.My wife is not a lazy person, she doesn,t have legal authorisation, to work in the States right now, as we are still putting her thru her residency process.Trust me if she could she would work, but refuses to work ILLEGALLY,and jeopordize her green card process.
    You don;t know how thrilled I am to hear that. Somebody actually trying to obtain status the correct way and following the laws while doing so, congratulations. I apologize for the prior comment but in my defense, you did not give us that bit of info either.

    2.Our public assistance is just based on myself and our son, so even though we are a family of three, we receive aid for only a family of two.So in no way are we "milking" the system.
    I never said you were milking the system. I inferred you could be doing more to be self supporting.


    3.I,m a full time student,committed currently to 17 units, at the very beginning of a Vocational Nursing program, which in 18 months, will see me with a FULL TIME job,and a degree
    Now here is where I get back on the bandwagon..You will have a fulltime job in 18 months. Not trying to be cruel but many many students work fulltime and attend school fulltime. I have known several that carried more hours than you (one of them 22) and still worked full time. You have the next year and a half before the nursing job kicks in. It's tough but that is what they had to do. At least your child will be with mom rather than worrying about daycare.


    So, it sounds like you will not be able to defend nor pay the bill. Not a good place to be. Even if you could defend it, would you have a defense that would win should it go to court?

    So, now, in addition to Mr. K's advice, now is the time to ask friends and/or family to help. The debt, although not tiny, is not huge at this time either. If you could scrape up some money, you may be able to negotiate a reduced pay off.

    Also take notice that "recommending court action" does not neccessarily mean the client will take court action.

    You also need to know who owns this debt. If Capitol One still owns it, you can negotiate directly with them. They may be understanding (to an extent) of your situation and may allow payments as you have offered.

    If MRS owns it, then everythnig is up to them.

    Good luck.

    1. Sponsored Links
       

Similar Threads

  1. Service of Process: Proper Service of Superior Court Summons in California
    By Coronasteve in forum Civil Procedure
    Replies: 7
    Last Post: 07-26-2011, 05:28 PM
  2. Debt Collectors: Summons
    By nyc356 in forum Debts and Collections
    Replies: 1
    Last Post: 01-29-2009, 04:52 PM
  3. Debt Collectors: Limited Civil Summons - California - Credit Card
    By turtledive in forum Debts and Collections
    Replies: 1
    Last Post: 10-21-2008, 06:21 PM
  4. Summons Response in California
    By nolaw in forum Civil Procedure
    Replies: 2
    Last Post: 07-15-2008, 02:48 PM
  5. Debt Collectors: Just Got a Summons to Appear
    By silver01 in forum Debts and Collections
    Replies: 3
    Last Post: 05-15-2007, 09:35 PM
 
 
Sponsored Links

Legal Help, Information and Resources