Legal Question in Credit and Debt Law in New York
Can Collection Agency Take Me To Court? I Have Nothing!
My husband left our home in 2002 and took his income with him. We are still legally married. With his income I paid my credit card payments always on time. For awhile I did not make any payments and started receiving phone calls and letters from a collection agency. I now make $15.00 monthly payments to the agency. I only live on $520.00 a month child support payments for my daughter and myself.I really need the $15.00 I send them, but I am afraid they will take me to court and make me pay court costs if I stop paying. I do not own anything of value! I receive food stamps just to buy us food. I do not work, or have worked because of psychiatric conditions which have been ongoing for the past 6 years. Can they garnish my child support? Can they or would they actually take me to court even though I have nothing? With finance charges my debt is probably close to $5000.00. They offered to accept half, but I just don't have the money! Do I have any options? Thank you.
2 Answers from Attorneys
Re: Can Collection Agency Take Me To Court? I Have Nothing!
They can start a suit however, if you have nothing, they will get nothing. Let them know.
Re: Can Collection Agency Take Me To Court? I Have Nothing!
I have great sympathy for your situation. It is tough to not be able to work here in America. Work is such a big part of a person's identity here. I used to volunteer for Legal Aid and Legal Services in their 'consumer law department'. They helped people in your situation. I recommend you call them and make an appointment. You will be cheered by what they tell you.
They will tell you that the credit card company is helpless. They cannot collect this money. They cannot touch your disability, SS, or child support money. You are what they call 'judgment proof'. That is, they can have no impact on you.
If you choose to make no more payments of $15, they can have no impact on you. They will call on the telephone and write letters. That is all.
However, if the calls and letters are disturbing, Legal Aid or Legal Services can help you with a Chapter 7 Bankruptcy. That would prevent any further contacts.
There is other legal and financial help available. Go make an appointment with either Legal Aid or Legal Services and find out what the tax dollars you paid when you were able to work can do for you now.
My best wishes.
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