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!