The Credit Card Debt Survival Guide
Reply:Hello fellow Washingtonian! Advise above is great, I have nothing to add but welcome. xdancex
Do-It-Yourself Credit Card Debt Settlement Secrets
Reply:Hello my fellow Washingtonian!
I agree with both posters above me. You seem to be "judgment proof", they have nothing to take.
Credit Card Debt Settlement Do it yourself like We did $67.00
Reply:I was served for a credit card debt of roughly $9000. The suit has not been filed. I'm in WA state and was sent a letter by an attorney in the state a month ago threatening to sue if I did not reply. I sent the DV as I usually do and waited.
I stopped paying on the debt 2 years ago. The debt was sold to a CA who hired this attorney in my state after I sent them the DV and nothing else.
My circumstances: I have No assets, property. I'm quadriplegic and the complications of it with the paralysis has left me unable to work. I get long term disability, and soc sec disability, which are ungarnishable. I receive state assistance to help pay for caregivers, medical, and necessities. I have no assets and I'm not married.
So I'll be sending a letter to the attorney stating those circumstances, along with an answer to the complaint.
I found some pre-made legal docs at the bottom of the following url's page.
http://tinyurl.com/5d3jby
-Answer, Affirmative Defenses and Counter-Claims
-Declaration of Defendant Regarding Income and Assets Exempt from Garnishment.
I denied everything in my answer, except for the county I'm in. I claimed to lack knowledge of the plaintiff being able to bring this action, and wrote, "the court would unjustly enrich the plaintiff" as an affirmative defense.
I marked down my ungarnishable income on the other form.
Should I do anything else yet? I've seen references to Disclosure of rate of interest in my state of WA, http://apps.leg.wa.gov/WAC/default.aspx?cite=308-29-070
and others mentioning "motion of discovery".
My hope is that they will "go away" when they see the situation.
Thanks for your time.
First off…welcome to the board! You're definately in the right place! Based on your circumstances I would say that you are judgement proof but would not hang my hat on it just going away. Unfortunately JDB's and the attorneys that sue for them won't be very sympathetic to your situation. I would suggest consulting with a NACA attorney in your area:
www.naca.net (http://www.naca.net)
Answer the summons and make sure you show up in court regardless. Also, filing bankruptcy might be an alternative to consider as well. NACA should be able to point you in the right direction.
The Debt Resolution Handbook – How to beat a credit card lawsuit.
Reply:Given your situation, you may be doing a lot more work than is really necessary.
I don't see that you actualy have a legal defense to the action so answering and other such activities seems like a wast of time – I say that because if they go forward they will almost certainly win but so what? With no assets and no income that they can attack a judgment is of no use to them.
In addition, you can always file bankruptcy if need be.
I think if I were in your situation, I'd simply write a letter to the attorney (and copy the current creditor whoever that is) and, in a very straightforward way, explain your situation…they may go ahead with the suit but they may also see it as a waste of their time and "go away".
Keep in mind I am NOT an attorney – I can only tell you what I would do based on the information you've presented here.
December 9th, 2010 
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