VA Disability and SSDI being sued?!?!

Hello, I have read through many of the questions on this forum and I am impressed with the people and their kindness. I figured it wouldn’t hurt to ask for some advice pertaining my situation.
I received a summons today for a judgment on a debt. We got into trouble years ago when he got out of the service no notice and we almost lost everything. We ended up settling on all of accounts since and have begun rebuilding a life, or so we thought. To give you some more insight… my husband’s income is all non-taxable. He is a disabled vet receiving ssdi and VA, which to my understanding are both unable to be levied.
Having said that, when I file a response and show up for court. What is the best course of action? What should I do and say in court? Even though they shouldn’t be able to take the income I would prefer not to have a judgment on our credit. What should I say If I wish to validate the debt first? And then what should I say about the Statute of Limitations and then what should I say about or income be unable to be levied? Also, the CO legal and judgment rate is 8% and they are trying to get 3,000 on a debt that might have 400. I am asking this to be certain I do it in the right order as to not “claim” the debt but use every angle possible to fight this.
I will include the questions on my answer form below if someone is courteous enough to help me out here. My summons only has 1-5 on it for the answer form.
1. 1. The amount of damages claimed to be due, is not due for the following reasons??
*OR the plaintiff is not entitled to the possession of the property for the following reasons??
*OR the injunctive relief requested by the plaintiff should not be allowed for the reasons??
2. Defendant asserts the following counterclaim or setoff against the plaintiff?
3. Defendant asserts the following cross claim against___ named defendant
4 (is multiple choice) does the counterclaim exceed the jurisdiction of the court?

Any advice… will be greatly GREATLY appreciated.  Thank you in advance!

4 Answers

this would be a store credit card. And the last payment piad would have been july 2007. Hope this helps

 


You can look for rules of civil proceedure on the website of county court. It is too late to ask for debt validation.


VA and SSDI is exempt from garnishment. What kind of debt is this? Is it by any chance a payday loan?


What type of debt was this??  When was the last payment?  What state do you live in??

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com/statute-of-limitation.html

Write Your Answer

Filtered HTML

  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <blockquote> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.

Full HTML

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
What is the sum of 2 and 4


Page loaded in 0.337 seconds.