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Being Brought To Court


Jacquie802
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Hi guys,

I just found out today that a bank I got a loan from years ago is bringing me to court because I am unable to pay my bill for them. I sent them a copy of the notice from SSDI saying that I am waiting for a decision (found out I have been approved recently) and I have even sent some checks in the amt of a dollar, all I could basically afford. I also talked to the bank about my situation. Does anyone have any ideas for me? I have no idea when I am getting my SSDI payments, so I am basically waiting to hear...I just can't believe that I am being brought to court over this, esp where they know my situation.

Thanks,

Jacquie

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Hi guys,

I just found out today that a bank I got a loan from years ago is bringing me to court because I am unable to pay my bill for them. I sent them a copy of the notice from SSDI saying that I am waiting for a decision (found out I have been approved recently) and I have even sent some checks in the amt of a dollar, all I could basically afford. I also talked to the bank about my situation. Does anyone have any ideas for me? I have no idea when I am getting my SSDI payments, so I am basically waiting to hear...I just can't believe that I am being brought to court over this, esp where they know my situation.

Thanks,

Jacquie

**Not legal advice.**

You may very well no longer be dealing with the bank, but with a collection agency who has bought your loan. A few things to watch for: 1) Know your rights as a consumer. They cannot unduly harrass you. See the FTC's website on fair debt collection- http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm. 2) Know your rights in court. First, they have the burden of proving that you do in fact owe the debt, though they may try to make you feel as if you have to prove otherwise. Second, there may be legal defenses, such as statute of limitations, that can protect you if the debt is old. Third, read your contract! There may be some clauses in there you can take advantage of. Fourth, Bring all your documentation to court, and make sure it's organized and neatly labeled. You'll want an index with tabs that a judge can flip directly to.

Unfortunately, even being sick, unless there is something in the contract to the effect of a hardship clause, you may still be liable for the amount of the debt plus attorney's fees and costs for the collection of it. Sometimes that's just all there is to it, legally. You may want to consider a pr campaign- especially if it's a primarily local/regional bank, they may not want the bad publicity of suing the sick woman. Good Luck!

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