Need Indiana Small Claims Advice
Date: Tue, 06/28/2011 - 12:45
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.
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.
I don't think you have any choice in this matter. The attorney o
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.
