Legal Question in Credit and Debt Law in Maine

Capital One

Had a judgement against me through the courts, filled out a paper stating what I have, which is food stamps and 122. a month for medications, no property, no vehicle and they have put a lien on me, on what I am not sure. So if I die due to the fact I cannot get my medications what good does that do? I had filled out report so that it could be brought to Capital One showing that I did not have the means to pay. Do not understand at all.


Asked on 3/05/08, 5:23 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Capital One

The creditor apparently has a Judgment and has filed it in the Registry of Deeds to create a lien on any real estate you own or may acquire. If you have nothing and do not acquire anything, then the lien will not matter.

However, the creditor can serve you with another legal action called a Disclosure, in which you must appear at Court and bring with you documents that can be shown to a Judge to prove your assets, other debts and living expenses. Maine law does potect those who have little or no income from paying on a judgment, so chances are that a Judge would not order you to pay based upon the information you detailed in Lawguru. You can contact the attorney representing the creditor and request that they send you an affidavit to fill out regarding your finances, and once they review that they may convince their client to not try to collect, or you can wait and do it in front of the Judge at the Disclosure Hearing.

Read more
Answered on 3/05/08, 5:52 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Maine