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Posted: Mon Jul 28, 2008 1:34 pm Subject: SENIORS/DISABLED |
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i have been disabled since 2000.. i now have only ssi and social security as my income.. i have received a court summons from lvnv funding and want to know what i should do.. i was under the impression that debt collectors could not go after one if they were senior/disabled--i am both...i am contacting debt counseling for seniors/disabled, but am worried about what to do until i hear from them.. i got the summons today, stating that my court date was july 22, 2008!! of course i wasn't there.. please let me know what options i have available to me..thank you
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januf

Joined: 28 Jul 2008
Posts: 1
Debtcc Points: 22
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Posted: Mon Jul 28, 2008 4:10 pm Subject: |
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SSDI is income that exempt from garnishment except for certain federal debts and child support if I am correct. Someone will be along to advise you further.
Do you know anything about this debt..they are just trying to scare you. Did you get this letter in the mail by chance, summons come from the civil court and not from LVNV themselves. I believe that they are trying to scare you. They are a junk debt buyer trying to collect on an old debt. You need to send them a debt validation letter to find out who the co. it is and how much you owe.
Like I stated earlier someone will be along shortly to advise you further. If it helps I am on SSDI and I know for sure that there are only certain debts that are garnishable. If I am incorrect someone will be along to advise you further.
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ladybug


Joined: 29 May 2007
Posts: 2759
Debtcc Points: 24754
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Posted: Mon Jul 28, 2008 4:16 pm Subject: |
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| Quote: | | Is LVNV Funding a pdl co or collection agency? |
LVNV Funding is a collection agency.
Januf Hang in there. I know it can be stressful but you will get through this. If you are on disability or social security you can`t have your wages garnished from LVNV funding. Just be sure you show up to court . Bill collectors try this all the time hoping you won`t show up and the judge will award them a default judgment. Be prepared with proof you are on SSI and social security.Also be sure to show the judge your budget to show him that you don`t have the ability to pay. Even if the judge awards them a judgment they still have no way of making you pay.
_________________ Scammed ? File complaints at these links
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mobile0311


Joined: 05 May 2008
Posts: 1364
Debtcc Points: 7223
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Posted: Mon Jul 28, 2008 5:35 pm Subject: |
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This is true also of your bank account. Do not co-mingle funds (Mix them up, deposits from somewhere else). If the only money going in to your bank account is SSI, then they will have to release the funds if they do a bank siezure.
_________________ Financial Solutions Legal Center - www.FSLegalCenter.com
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rstimson

Joined: 05 Dec 2007
Posts: 86
Debtcc Points: 1700
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Posted: Mon Jul 28, 2008 6:48 pm Subject: |
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Contact the courts and see if there was a date scheduled on 7/22. If so, you will need to obtain a copy of the file as a default judgement may have been awarded. You need to look at the method of service and see how, when and by whom they are claiming you were served. If a judgement has been awarded, you will need to file a Motion to Vacate based on Impropoer Service. Waht staet do you live in?
_________________ Texas Residents
All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp
When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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NASCAR_Devil
Moderator


Joined: 20 Jun 2008
Posts: 2067
Debtcc Points: 10148
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Posted: Mon Jul 28, 2008 6:48 pm Subject: |
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Contact the courts and see if there was a date scheduled on 7/22. If so, you will need to obtain a copy of the file as a default judgement may have been awarded. You need to look at the method of service and see how, when and by whom they are claiming you were served. If a judgement has been awarded, you will need to file a Motion to Vacate based on Impropoer Service. Waht state do you live in?
_________________ Texas Residents
All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp
When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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NASCAR_Devil
Moderator


Joined: 20 Jun 2008
Posts: 2067
Debtcc Points: 10148
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Posted: Mon Jul 28, 2008 9:17 pm Subject: |
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nascardevil & rstimson you are very knowledgable about these things, I figured someone would come along and assist
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ladybug


Joined: 29 May 2007
Posts: 2759
Debtcc Points: 24754
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