topic Re: I am being sued even though my income is protected....help! in General Credit Topics

I am being sued even though my income is protected....help!

Anonymous — Mon, 05 Mar 2018 12:20:20 GMT

I'm on Federal Employee Disability and SSDI. My income is protected from garnishment according to law, but I am concerned that the creditor - Synchrony Bank through Zwicker and Associates, is still pursuing the judgment.

I got a letter three days ago in which Zwicker proclaimed they are seeking a summary judgment. I called them to ask what that meant.....they are looking to have a judge assigned to the case, and I guess I'm going to court after that.

Why would they pursue this if my income is protected?

I did get a lawsuit settlement last year but the money is long gone. I spent it on necessities such as medical devices I wouldn't otherwise have, including a mobility scooter, power wheelchair and cpap machine. I am underinsured and had no other way to get those things. I really need them.

Can they take my power wheelchair and mobility scooter?

I don't have real estate....no car......so I am clueless as to why they are going ahead with this.

Please help me!

Re: I am being sued even though my income is protected....help!

Kree — Mon, 05 Mar 2018 14:18:51 GMT

I have a shared bank account with my mother. Never closed it because I like having the same account numbers for going on 3 decades.

Last year she moved, was sued by her old county for property tax, and had a levy placed on our joint account. A levy notice was the first I had heard about this situation, and I quickly called the bank to verfiy that all of the money in the account came from me. The levy could not take any money from my account, however the bank still charged me a 100 dollar levy fee for all the paperwork.

The point of the story? People try to take your money even if they aren't entitled to. A more common situation. Debt older than X years is out of the statutes of limitations for lawsuits. Company A sues person B, person B never shows up in court and company A gets a default judgement. Its been appealed and 'generally' the consensus is that SOL is a proactive defense, you have to actually show up in court to tell them the debt is past the SOL.

I assume your protected income could be similar, show up in court with paperwork showing you have no money that isn't protected and they won't be able to win anything, probably. This really is a question best refered to a lawyer.

Re: I am being sued even though my income is protected....help!

DaveInAZ — Mon, 05 Mar 2018 15:15:31 GMT

A Summary Judgement is filed when you fail to respond to a Summons that was apparently served on you. A Summons informs you that legal action (a "Complaint") has been filed against you, and informs you how much time you have to respond. Regardless of your situation, ignoring legal action against you never ends well. Do an internet search for Legal Aid, most areas have a network of legal aid, attorneys volunteering free legal assistance to those who can't afford to hire an attorney.

Zwicker/Synchrony Bank don't know your financial situation, their goal is to get a judgement against you and take whatever they can. That includes personal belongings - furniture, and yes even your wheelchair & scooter. There is no shortage of heartless people in the world, many of them realize that having no heart or conscience makes them especially well suited for the legal profession.

Re: I am being sued even though my income is protected....help!

RobertEG — Mon, 05 Mar 2018 15:46:38 GMT

Obtaining a judgment then gives them the ability to use the judgment to later pursue forced collection of the debt by filing for a writ of satisfaction, which is an additional court order that can take certain assets or garnish pay.

Yes, state law protects certain assets and income from being attached or garnished. You may be immune to any taking of your assets or garnishement of pay, but the judgment creditor may not be aware of that fact when they obtain a judgment.

It gives them the possibility of forced collection using the court, but it is by no means assured.

Re: I am being sued even though my income is protected....help!

Kree — Mon, 05 Mar 2018 18:33:19 GMT

@DaveInAZwrote:

Zwicker/Synchrony Bank don't know your financial situation, their goal is to get a judgement against you and take whatever they can. That includes personal belongings - furniture, and yes even your wheelchair & scooter. There is no shortage of heartless people in the world, many of them realize that having no heart or conscience makes them especially well suited for the legal profession.

I have a friend who got a prescription for a hottub. Insurance didn't pay for it, but he got it tax free. My understanding is that due to the prescription his hottub would be exempt in a bankruptcy as it is "medical equipment." I wonder if Op's wheelchair could be judgment exempted for the same reason. (assuming Op got a prescription for it).

Re: I am being sued even though my income is protected....help!

Anonymous — Mon, 05 Mar 2018 23:44:15 GMT

I wish that I could hire an attorney but I don't have the funds to do so. However, I learned a great deal from when a crooked debt collector seized my entire bank account many years ago before I went out on disability. I fell behind in some bills because my health started to go bad and I took alot of unpaid sick leave.

The checking account I had at the time was frozen. I was stupid enough to ignore the letters that their attorney sent....next thing you know, my account was frozen. Just after my pay was deposited, of course.

Contrary to what someone posted, this Summary Judgment is not because I ignored the Summons. In fact, they filed it a year ago and I responded promptly and made sure that Zwicker and the Court got copies.

Since I made that OP I found they cannot take medical equipment, which is a good thing because I am very disabled and have a hard time even walking across a room. I'm still puzzled as to why they would do this, knowing my income and what few assets I have are protected.

Maybe they're doing it out of spite, like what happened to me all those years ago.

Re: I am being sued even though my income is protected....help!

Anonymous — Tue, 06 Mar 2018 00:10:15 GMT

@Anonymouswrote:
I'm on Federal Employee Disability and SSDI. My income is protected from garnishment according to law, but I am concerned that the creditor - Synchrony Bank through Zwicker and Associates, is still pursuing the judgment.

I got a letter three days ago in which Zwicker proclaimed they are seeking a summary judgment. I called them to ask what that meant.....they are looking to have a judge assigned to the case, and I guess I'm going to court after that.

Why would they pursue this if my income is protected?

I did get a lawsuit settlement last year but the money is long gone. I spent it on necessities such as medical devices I wouldn't otherwise have, including a mobility scooter, power wheelchair and cpap machine. I am underinsured and had no other way to get those things. I really need them.

Can they take my power wheelchair and mobility scooter?

I don't have real estate....no car......so I am clueless as to why they are going ahead with this.

Please help me!

They go to court because if you don’t show they can often get judgements in their favor because of that. So you show up and prove that your income can’t be garnished and that will be the end of garnishment proceedings. But the debt you still owe. They just can’t tske it from your bank account. No they won’t be able to take your wheelchair. Just make sure and show up.

Re: I am being sued even though my income is protected....help!

Anonymous — Fri, 16 Mar 2018 21:06:06 GMT

I provided proof of income to Zwicker in response to that letter. This was for the second time....the first was a little over a year ago.

Today I got a notice from Zwicker that the date for the Summary Judgment hearing has been set for April 12th in Oswego. It's early in the morning....too early for me to take a Call and Ride bus for the hearing, so if I get a ride from someone I won't be able to use my wheelchair. It is very difficult for me to get around with even my walker.

Do I really need to show up for the hearing? Could I write the Judge and tell him that I have nothing else to add to what I already proved re. income?

I wish I could respond in writing. And I cannot afford a lawyer.

Help!

Re: I am being sued even though my income is protected....help!

JVille — Fri, 16 Mar 2018 21:32:49 GMT

You need to appear in order to protect yourself and what little assets you have. So figure it out and get yourself to court (in your wheelchair if necessary). You have nearly a month to make arrangements.

Re: I am being sued even though my income is protected....help!

Anonymous — Fri, 16 Mar 2018 21:37:29 GMT

But I don't have any assets. No car. No house. The only funds in my bank account are from my disability checks. That's it.

I have no defense....am unable to pay my debt and am disabled on top of that. Transportation w/o a wheelchair bus is very difficult for me.

Can I answer in writing now....perhaps send a letter to the Judge, with a copy to the creditor's attorney?

Re: I am being sued even though my income is protected....help!

JVille — Fri, 16 Mar 2018 22:25:33 GMT

No, you have to appear or they WILL hound you and make you miserable.

Re: I am being sued even though my income is protected....help!

Anonymous — Fri, 16 Mar 2018 22:34:33 GMT

I don't think you understand what I am asking.

Am I legally required to appear? It doesn't say that on the notice I got today.

Can I answer in writing? I already said why getting there in person will prove difficult for me. I know that I have nearly a month but the fact remains that doesn't change the timing is horrid (meaning the Call and Ride bus doesn't operate that early).

Re: I am being sued even though my income is protected....help!

RobertEG — Fri, 16 Mar 2018 22:50:12 GMT

Contact the Office of the Clerk of the Court and explain your situation.

They may accept written response, or more likely,. reschedule at a time that accomodates your disability.

Re: I am being sued even though my income is protected....help!

JVille — Fri, 16 Mar 2018 22:52:44 GMT

Oh I completely understand you. You NEED to appear. Blow it off and these idiots will hound you to the ends of the earth. You have a month to arrange transportation or as the other poster mentioned get it rescheduled to accommodate you.
But you are crazy not to go and protect your self.

Re: I am being sued even though my income is protected....help!

Credit_hawk — Sat, 17 Mar 2018 23:07:02 GMT

The poster understands what you’re saying, Diana. The stark reality is, the world is a cruel place and many people have health issues and are disabled. I can very much appreciate your health problems but your lax attitude is a bit suprising and it appears you have been in financial disarray more than once in your life from your stories of having your accounts frozen. Taking the attitude that you don’t have to show will not resolve the issue. They will get a judgement against you and have it hang over your head and/or property until you die and they can collect.

You don’t have to show. But you do owe them money and they will try every avenue they can to get their money. The worst thing you can do is not even show up to defend yourself. I think we both know if you want to get there you can. But if you really don’t care because your life/health is that bad that a judgement isn’t going to matter, then I understand and am in no position to judge. But understand that the world doesn’t stop because someone has health issues. They will still come for you. Only you can best defend yourself.

All the best.

Re: I am being sued even though my income is protected....help!

Anonymous — Sat, 24 Mar 2018 10:20:50 GMT

You are not legally required to appear. However, if you do not appear you will lose. If you lose they can not take your possessions but it will allow them to keep hounding you with further proceedings. They eventually may be able to get something. Your best bet is to contact the court clerk explain your situation and have them schedule a time that allows you to appear. Once you get a time. SHOW UP with supporting documents that your income is protected. The case will be dismissed and the legal action should stop. You have to stop trying to figure out a way to no go to this thing. Unfortunately this is a cruel world and attorneys for the banks have a job to do. Their job is to get their client's (the bank) money that was loaned with a person with the expectation of repayment. They don't care that your disabled. Just show up and get it over with.

Re: I am being sued even though my income is protected....help!

Anonymous — Sat, 24 Mar 2018 18:33:41 GMT

Never ignore legal stuff it will only get worse... as for taking your medical devices I'm not sure contact an attorney while hard to fine ... free legal help does exist in many areas often students not yet lawyers but who work with lawyers.

Re: I am being sued even though my income is protected....help!

Dalmus — Mon, 26 Mar 2018 16:47:02 GMT

Every municipality has different rules... One county make require you to respond to the summon in person. Another may require a written response AND appear in person. The next one over may be fine with just a written response (often within a certain number of days from receipt of the summons).

As has been said, you really need to contact the Clerk of Court and explain your situation. They will probably also refer you to free legal assistance.

Good luck! Its a terrible position to be in, but if you are indeed uncollectable, its worth your time.

Re: I am being sued even though my income is protected....help!

Anonymous — Mon, 26 Mar 2018 19:09:57 GMT

You may write to the Court and request a different court date and time. This way you take get the transportation you need. You must show up or you lose. You will probably lose anyway if you owe the money. The CA wants to get a judgment against you to show they are doing their job. They may not be able to garnish bank accounts or wages at this time. A judgment is good for several years. Their thought is that you may come into money some day. Good luck.

Re: I am being sued even though my income is protected....help!

JVille — Mon, 26 Mar 2018 19:27:52 GMT

The original poster (OP) has not been here since March 16, I think we are wasting our breath and advice.