I had a judgment filed against me in 2007 when LVNV Funding Sued me. Yes I owe the money but I cannot pay, they cannot take my income because I am income exempt. I am on Social Security Disability and I also have no assets they can take.
I have not heard a thing about this until today. I got a call from Central Credit Services, Inc
and at first I didn't know what they where calling for until he told me about the judgment. He asked me how much I was going to pay and gave me a lesser amount than what the judgment was for. I told him I am on disability and can't pay. He asked how much I got I told him none of his business and that my income is exempt.
He said so your not going to pay? I said no and he said " I will let them know" and hung up.
Should I be doing anything about this? Should I send them proof of my disability so they do not go after my bank account or do I go to my bank for that? All my income in my account is strictly SSDI.
Posts: 1860
Credits: 20053.65 Send message to FYI
It may help to send them proof of disability and it may not. Should you choose to do that, or not do that, you should also enclose a cease and desist letter so that you will not receive futher contact from them.
I would also make sure you have no viable property or bank accounts in your name. Depeinding on your state laws those could be considered assets that could be taken.
[img]http://i226.photobucket.com/albums/dd107/unclewulf/DCC/untitled.jpg[/img]
I have no assets. My bank account has direct deposit for SSDI. That income is exempt from garnishment so how should I protect this??? Should I just stop direct deposit and close my bank account?
Posts: 4790
Credits: 42313.55 Send message to cajunbulldog
Put them on written notice of your disability and exempt income.Send letter certified return receipt.
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
The paper I have as proof has my SS# on it, should I mark that out? I would think they already have it, they have viewed my credit report, know about the judgment......
Posts: 4790
Credits: 42313.55 Send message to cajunbulldog
They don't need your social security number. My letter method puts them on notice of your finances and also removes bonafide defense error if they try and grab your bank account as your bank funds fall under exempt income status.
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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