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Collections Law/Court summons for vehicle repo

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Expert: Creditwrench - 5/15/2009


Question
QUESTION: My husband is on soc sec disability & VA disability. He turned in a motorcycle last year. We tried to keep up with payments on it for diff after they sold it. We fell behind as I am unemployed due to an injury on the job. He just received a court summons for the balance owed. He is worried as we have nothing but social sec benefits & VA benefits. What can we do, can they take away the vehicle he has now that is paid for? Can they garnish our bank account? We tried but could not make the payments. We are struggling just to live. How do we reply to this summons? We just received it today, we have 30 days to reply. Thank you for your time.

ANSWER: They can't garnish pensions but they can garnish bank accounts. If the bank accounts contain no money other than pension money the bank can't let them have it. If they can prove the account has other money mixed in with the pension funds then it is all fair game. Can they take the vehicle you have? State law will tell you whether they can or not. Some states they can and others they can't. How do you reply? I'd suggest a graduated denial of debt.


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QUESTION: How would you reply with a graduated denial of debt? I just want to make sure it is worded appropriately. I'm not sure how to reply to that meaning "graduated". I live in the state of Georgia. But the vehicle returned was originally purchased in Colorado. Thanks again for your assistance.

Answer
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To use a sworn statement of denial you have to prepare a response using the sworn statement of denial. I teach my students how to prepare and use such a document and much more. Maybe you should consider becoming a student so you can learn all that you need to know quickly and inexpensively.

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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