Going To Court Today

JT, what state are you in and when was the DOFD? Who is the CA? It's possible that the debt is beyond the SOL. Ask for Validation in court, if the CA can't provide it ask the judge to dismiss the case.

The CA is Elite Recovery, I'm in Ind.

I thought I had the lingo down here, but I don't know what DOFD is :)

I think the last payment was made in 2004, not quite long enough for it to be outside the SOL.

Still, I was wondering if I could ask for validation in court.

DOFD is DATE OF FIRST DELIQUENCY. yes ask for validation in court.

yes jt you can still ask for validation in court.

Ok, because this was civil court, the judge would not let me challege the validity of the debt. The judge said I should have stated that in my response and it was too late. He went on to tell me that thats the reason the CA filed in this particular court.

he made a summary judgement and told me I could appeal.

i would appeal.then go to NACA.GOV for a consumer attorney in your area that will work on a contingency basis.

so what should I expect now?

Wait until you speak with an attorney and follow their advice.

Paul, do you mean nacadotnet?

dotgov came up page not found.

as for an attorney, I don't have the money for groceries, nevermind a lawyer. I left a voicemail for someone who is supposed to help the aging and disabled but I'm not hopeful.

dotnet?maybe i did have my adds mixed up.some attorneys will work on a contingency basis meaning they can help you get the judgement possibly overturned and the CA pays his fee and court costs.it's worth a shot.some will give a no obligation consultation and let you know your options.

Social Security and Disability income is exempt from garnishment. If you haven't already, you should file an Notice of Exempt Income and Assets with the court and mail a copy or present it in court. You can google for a template.

My wife and I went to the bank and she opened an account in her name only just to make sure her income in protected.

The gal at the bank was unclear on how account seizures worked so she made a call. Interesting enough, she said should my account be levied, all I would have to do is go in on the day my money is deposited and they would release it.

I could probably have my wife take charge of my SS payments (and thus they could be deposited directly into her account) but I'm not sure I want her to have that much power LOL!!!!

Thanks to everyone for your advice and support-maybe tonight I'll get more than 3 hours sleep.

I'm curious, what did you put in your answers? I can't believe the judge would not let you challenge the validity of the debt. So according tho this judge, anyone can go into his courtroom and demand money with no scrap of proof? Oh I would definately appeal!!