QUESTION

Help with pending lawsuit

Asked on May 31st, 2015 on Debtor and Creditor - Florida
More details to this question:
I just received a summons from an attorney that has filed a lawsuit against me for defaulting on a private student loan. I defaulted in 2011 when I lost my job. I have been receiving social security since that time (I was 62, now 66) That is my only income. I have no other assets, i.e., 401k, CD's or savings. I live in a 15 yr. old RV, (3 &1/2years). I have an 11 yr old toyota. I believe I am "collection proof" What should I do? Thank you - Bob
Report Abuse

1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
Update Your Profile
You may want to call your local Legal Aid office, as you may be able to get an attorney for free.  If not, then, you have several options.  You can ignore it, and you will get a judgment entered against you.  From what you have said, you sound as though you are most likely "judgment proof."  You MUST respond to court orders and legal documents demanding financial information or requiring you to appear for a deposition, but the creditor probably cannot force you to pay.You could (and I suggest you do) send in a document to the clerk of the court.  The top of the page should look like the top of the other legal papers, with the "style" of the case -- most important are the names of the parties and the case number.  Explain whether you agree or disagree that you owe the debt -- and whether you admit the AMOUNT of the debt.  If you challenge either whether you owe anything (liablility) or amount (damages), you will have the opportunity to defend against the claims of the creditor.  In many cases, if you simply deny the debt, the creditor may not have all the paperwork needed to prove the debt, and the creditor might lose the case. You should send a copy of the document to the attorney.  You can explain in a separate document sent to the attorney what your financial situation is, but the creditor will most likely still want to get a judgment anyway.
Answered on Jun 01st, 2015 at 3:41 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters