Disabled being sued by Capital One

Submitted by amyheald on Mon, 04/13/2009 - 20:10
Forums
Credit repair

I am a disabled, single mother. I have been deemed disabled by social security and receive disability payments as my sole source of income. My son's father does not pay child support. I have been unable to make my credit card payments and am being sued by Capital One for a debt of $3300. Can I be sued for this debt even though I am disabled? What should I do in this instance? I just got served with a summons and have 28 days to respond. I am so scared.

carol

The credit card company can definitely sue you for the credit card debt. However, since you live only on social security, your ss benefit can never by garnished for the recovery of the debt. SS benefit can only be garnished for recovery of alimony and child support obligations and Federal Tax debt. However, they can bring judgment against you to garnish your bank account. So if you have any money in your account, it can be garnished.

Tue, 04/14/2009 - 07:35 Permalink
scott

Hi
Since you have already received the summon, you should first file a response to it by visiting the court from where you have received the summon within 28 days (including holidays) else there will be a default judgment against you and you will not even get the score to defend yourself.

Tue, 04/14/2009 - 07:39 Permalink