Unregistered
Anonymous
Posts: n/a
Credits: 50,410


Sub: #1 Need Indiana Small Claims Advice
Replied on 06-28-2011, 11:45 AM
Reply With Quote

We live in Henry County, Indiana and have a current small claims case in Hancock County, Indiana. The case has already been awarded to the company who sued us, it was for an old electric/propane bill in which we left a balance. The creditor is represented by a debt collection attorney. The court and attorney are aware that I am on disability and my husband does not work because he takes care of me. Every month the court and/or creditor attorney bring us back to court to see if anything in our circumstance has changed. The attorney always asks if we are working and do we have any money to pay him today, do we have any cash on us, etc.

Today I inquired with the court if it was possible not to have to return every month because of our situation financially, the attorney for the creditor sais yes, we could make a payment arrangement. I told him we do not have enough income to be able to do that so then the judge says, well, he has the right to try and collect this debt.

Is there not some legal grounds to prevent the court from making us return every month to determine that yes I am still on disability and no my husband isn't working because he takes care of me. Really, it's not ever going to change, there has to be some defense for this.

Anyone have any legal advice for this situation? I can't afford an attorney myself to fight this.




Posts: 2,150
Credits: 25,697


Send message to good.nelly
Sub: #2
Replied on 06-28-2011, 07:52 PM
Reply With Quote

I don't think you have any choice in this matter. The attorney of the creditor has the right to to try and collect the debt. If you don't make a payment arrangement with the creditor, then the same thing will go on months after months.





Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 06:55 PM.






* Disclosures:
  • By signing up for counseling session, your provided details (Name, Email ID and Phone No.) will be forwarded to the company advertising on the DebtCC. However, you have no obligation to use their services.
  • Some creditors and collection agencies refuse to lower the pay off amount, interest rate, and fees owed by the consumer.
  • Creditors/collection agencies can make collection calls and file lawsuits against the consumers represented by the debt relief companies.
  • Debt relief services may have a negative impact on the consumer's creditworthiness and his overall debt amount may increase due to the accumulation of extra fees.
  • The amount which the consumer saves with the use of debt relief services can be regarded as taxable income.
Page loaded in 39.319 seconds.