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I am being sued by a debt collector. My only income is SSI. This debt haven't been paid in over 2 years. They bought the debt.

First of all , I never took out a loan with this debt collection agency. I never signed an application for a credit card, it was done over the phone. My signature is not on any documents. If they get a jugment on me and my only income is SSI, can they take that. I don't own anything of value, like a car, home, or bank account other than the SSI which goes direct deposit. I got a summons which I question because there is no seal on it, no court date. It was sticking in my door when I came home. How did they get in my apt. building. This debt was bought by 3 different credit card companies. I am disputing it because they are not the original creditors I dealth with. I never agreed to pay this 3rd party debt agency anything. I have papers from 5 different debt collectors.

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Attorney answers (2)

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Reputation Level 13
Service by affixing to your door plus additional mailing is legal service in New York. By ignoring the Summons and Complaint, you have made the problem worse. You should have responded to the Summons to get a court date.

It is legal for your original creditor to sell your debt to another party and that other party to try to collect it from you. You can either attempt to deal with the Agency trying to collect the debt or go to court and try to open up the judgment.

Under NY law, your SSI can not be taken. It is an exempt asset under Article 52 of the Civil Practice Law and Rules.
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Reputation Level 20
In NYS you can report abusive debt collection practices to the Attorney General. Please read completely my two legal guides on How New York State Protects Consumers from Debt Settlement and Debt Collection companies.
You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).

You might find my legal guide on commercial litigation helpful.
You might find my legal guide on the courts in New York City helpful.

.The prior federal administration severely weakened most state’s laws against excessive interest. Unpaid debts now have practically no ceiling on interest which means the final bill can be much more than the original debt.
When you have received a collection notice, lawsuit or even a judgment on an old debt which may have already been paid, or belongs to someone else, or has been discharged in bankruptcy, keep the following in mind. After a creditor writes off your debt, it can then be sold to a collection agency. That agency may sell it again and the next one again. By the time the debt is assigned to a law firm, it can be years pass the statute of limitations, all of the original contracts have been lost and there may be no legal foundation for enforcing the debt. One way of knowing this is that the agency will have no discernible address or they will say they are collecting from a creditor, but the creditor does not know who they are. They will call you at work , and they will not listen to any explanation at all. They will refuse any suggested payment plan and demand a large sum at once. Often these collection agencies and even law firms will file a suit against you, misspell your name, or deliberately send it to the wrong address. You have no notice but they go to court anyway, get a default judgment against you when you do not come to court, and file a judgment lien on your assets such as a home you are trying to sell, or they report you to a credit bureau as a deadbeat. You are allowed to send a 100 word explanation in writing to the three credit bureaus (which they must print) as to why the debt is invalid. Also, many attorneys will take such a case on a contingency basis. A Violations of the fair debt collection act has a fee shifting rule (the creditor pays your attorney). Not only do you get the debt out of your life, you may get a financial award also. Be sure to write to your congress representative to have a stronger federal law to restore a ceiling on interest and to curtail these illegal collection practices.

LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with a local attorney about this issue.
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