[Lexi232]

i'm curious, what happens when someone sues you and you have ssi, and that's the only income, and all of it is already taken in rent and utilities, and nothing is left other than like 10 cents.
Does anyone know what happens?
Someoen txted me today telling me they were getting a lawyer and charging me for it. and taking me to court.

[AAAAA]

Is this a small claims? In most cases your income does not enter into whether or not someone will seek a judgement. In some cases (like medical bills) the judge used to take things like income and expenses into concideration when issuing a judgement. I do not know if that is still the case.

I know when we looked into filing a civil case when my daughter was injured the lawyer we went to was looking for the deepest pockets and easiest case. Rather than sue the person at fault, the lawyer wanted rather to sue my in-laws' home insurance (the injury took place on their property but they were no way at fault).

[Lexi232]

ahh.. i fear i'm in trouble then..
i'm in texas, and yes i believe it will be small claims court.
my biggest problem is that most of my proof of things i've been given or paid for while under their house.. is in their custody.
they also have my prescription drugs in their holdings. and other things like my ss number and check books (they already tried to write one check for the amount i get a month and cash it, but the bank returned it on them because i told them what checks i did have an any other numbers will be returned). (it's really messed up, this is all with my "best friend". )
it's just one more thing to add to my sucktacular year.

[mgran]

I don't know what would happen if you're in the US. This happened to me, and I'm on benefits. Rather than have the guy harrass me and continually send around bailiffs threatening to take my stuff away I ended up applying for a debt relief order, which was granted. This is like bankrupcy, only for folks with smaller debts. It protected me from all my creditors, and after the year is over all those debts will be written off. If at some point within the year I came into money it would be shared amongst my creditors, but given how poor I am, that seems an unlikely scenario.

I was being sued by an ex friend who sided with another ex friend in a disagreement. (The details don't matter.) He decided to sue me for money he contributed to my husband's memorial. As you can imagine, this was not something I'd ever expected... he even had the cheek to say in his legal papers that "he had considered himself a friend of the defendant" and "was hurt to have to sue the widow of a friend." Of course, now I know he was never a friend. And I hope he feels at least a twinge of guilt that he hounded his friend's widow to bankrupcy... he was the final nail in the coffin.

[mgran]

Originally Posted by Lexi232

ahh.. i fear i'm in trouble then..
i'm in texas, and yes i believe it will be small claims court.
my biggest problem is that most of my proof of things i've been given or paid for while under their house.. is in their custody.
they also have my prescription drugs in their holdings. and other things like my ss number and check books (they already tried to write one check for the amount i get a month and cash it, but the bank returned it on them because i told them what checks i did have an any other numbers will be returned). (it's really messed up, this is all with my "best friend". )
it's just one more thing to add to my sucktacular year.

Must have cross posted. I'm sorry that your "best friend" turns out to be just such a ***** as my husband's "best friend." I know you're in the US, but would some form of debt relief order or bankrupcy proceedings be an option?

And what about your friend keeping your prescription medicines? They're not prescribed for that person, surely that's illegal possession of controlled substances? How are you coping at the moment... do you have access to at least some meds?

[AAAAA]

This is upsetting I know. But before you get yourself all stressed out remember that the person filing suit must prove that this is a debt that you owe them. Anyone can file a claim, but proving it is an entirely different matter. If you have written checks to them as payment, you can get copies of them from your bank.

If they have some of your personal property call your local police department and see about how you get an escort to get your property. Have a specific list in hand. Personal papers with your name definately qualify, it is not like a couch or a car where the ownership can be in question.

I believe most counties have legal aid available to those who qualify and if you are on SSI then you probably do.

[Lexi232]

I dont know if it's an option. i have no credit, and the only debt i have is doctor bills that happened the few months before i was on medicaid.

There's all sorts of presciption meds they are keeping. my steriod treatments, cymbalta, vyvanse, phenergin (or spelt somthing like that, it's a anti nausea med that came from the er and docs), and lots of prn's i have there. Even my potssaium (Klor-Kon ER tabs) pills.
I'm not really sure what i could do about it, because i'm pretty sure they aren't taking them but....
And i can't get my meds right now as some of them have time limits on how often i can get them (Vyvanse being one of them) I had a 6 month prescription, and that was in December when it was filled. (plus i dont have T or pdoc anymore due to both quitting).
I have some of my physical meds such as Imuran, and Zofran, and pentasa, but those dont help me mentally.

I will check that out, and prolly call the police (i just have to get my nerve up to do it). And a lot of things have my name in them, papers, therapy books, and journals, even some of my clothes do. and my uniforms, and my prescriptions. not my beds or ds games, but a lot of things do have my name on it.

Thanks so much!

[mgran]

Even if they're not taking your meds, or passing them on, that's not the point. They are in possession of drugs that they don't have permission to have. In fact, you could even claim that they are causing you actual harm... by withholding your meds they're putting your health at risk.

I think AAAA is right... you should go to the police, and try to get an escort to at least retrieve your medications. It's despicable that someone would withhold them from you.

[Perna]

Too, just because someone says they're going to get a lawyer and sue you, doesn't mean that they will or that a lawyer will take their case or the court, etc. Go talk to a law enforcement officer or community lawyer and figure out how to get your meds and things from the person. That's really sad that a friend would do that.

[missbelle]

Originally Posted by Lexi232

ahh.. i fear i'm in trouble then..
i'm in texas, and yes i believe it will be small claims court.
my biggest problem is that most of my proof of things i've been given or paid for while under their house.. is in their custody.
they also have my prescription drugs in their holdings. and other things like my ss number and check books (they already tried to write one check for the amount i get a month and cash it, but the bank returned it on them because i told them what checks i did have an any other numbers will be returned). (it's really messed up, this is all with my "best friend". )
it's just one more thing to add to my sucktacular year.

Yes, I would get a policeman to escort you to the house to get your meds which you definately need, and then I would see if in your area you have legal aid which is lawyers that work with people with limited income.
So sorry this has happened and adding big time to your stress!!!

[spacemonkey36]

Originally Posted by Lexi232

i'm curious, what happens when someone sues you and you have ssi, and that's the only income, and all of it is already taken in rent and utilities, and nothing is left other than like 10 cents.
Does anyone know what happens?
Someoen txted me today telling me they were getting a lawyer and charging me for it. and taking me to court.

I can speak from experience-on SSDI, and have about $0.12 after bills. Literally my current balance. My savings is at ZERO.

They can get a judgement on you--yes. BUT, the absolutely only agency, government or otherwise, and you can check with the Social Security Admin, is the Department of Education, and I garauntee you, those bloodsuckers will collect-until your doctor signs a "total permanent disability," which really means you will never work again, at least not for a very long time.

I had to sign a piece of paper agreeing that I would not make more than $14K per YEAR, for the next three years, and clearly I will never be eligible for any kind of student loan again, before they'd stop taking the "minimum" $125 out of each check I get of my Social Security.

But all they can get is a judgement. The attorney can bill you all they want-but they cannot get blood from a turnip. Block their numbers (Comcast will block up to 12, ATT up to 15-ATT wireless, but it's an extra $5.95 on the ATT thing). Don't pick up. But if they sue you, do show up for court, bring bank statements, a copy of your award letter, and tell the judge it is your only income, and you are sick/disabled, and unable to pay.

What happens happens. But as of now, DOE is the only one able to legally dock your check. Whew!

[Lexi232]

Thanks everyone!
This all is really helpful!!!

Space, i'm on ssi, but it's disiability wise, due to i can't work. at the beginning they thought it would only be temporary, but then it ended up i had like 3 more diagnoses added on to the others which made it a permenant thing. and i've only worked 3 years so.. (and they require 5 for me to be on ssdi).

Thanks again!
i actually went to the ss office today because this same person who says they are going to sue me, called ssi and told them that Middle, Last name is giving First, Last name income.. (so basically they lied to them saying i was giving myself money. which they are now reimbursing me for the income i lacked this month cause of it, and going after them personally. so idk if this person will have enough time to even try to come after me this with all this going on).
As in with police, i've called and they started a case (Because they want to investigate it due to they are holding on to my meds, and it's not just holding my property, it's holding on to prescription meds and not releasing them, or taking them back to the pharamacy that is on the bottle's prescription label). And so they are coming out tomorrow to have me sign the reports, and then chat some more i guess, then invesitage and then hopefully i can get all or most of my stuff.

[Martina]

Good for you for calling the police. If I went off my meds it could be a life-or-death situation. These people need to realize that they can't hold your possessions hostage. It's illegal.

Writing out checks that are not yours is a federal offense, plain and simple. This alone could scare them into not suing.

[ladyjrnlist]

writing the check and having meds not prescribed to you in your possession are both criminal acts. I wouldn't even worry about being sued. I was sued and couldn't pay the judgement. They can't have your government pay garnished, I'm pretty sure.
You can also work out a payment plan with the courts, if you lose.
These people sound like punks. They might be headed to jail.

[Perna]

I hope you have gotten out of the abusive situation and have someone responsible handling your affairs now? No, they can't have your pay garnished, but, presumably (if they win and I wouldn't say it looks good for them, withholding your meds and trying other tricks like writing checks on your account) they could get any bank accounts (where you have money, but since you don't have any money. . .)

http://www.suesomeone.org/legal-advi...si-disability/

Hello, Lexi232. My suggestion is to call the Social Security Administration (SSA). http://www.socialsecurity.gov/pgm/services.htm

With the information you provide, SSA should be able to tell you whether a judgment creditor legally may take SSDI funds from your account. I am aware that at least in Michigan once the SSDI funds are deposited in the recipient's account they lose their exempt status and may be available to satisfy the amount owed a judgment creditor.

You may be able to get better information by calling your local SSA office. A local office may have information about Texas state law as it applies to your situation. You can find the closest SSA office by entering your zip code here: https://secure.ssa.gov/apps6z/FOLO/fo001.jsp

If a creditor may take funds from your account to satisfy a judgment, you might benefit from calling the Texas Bar Association:

Contact us by phone: (800) 252-9690 or (877) 9TEXBAR (Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m effective Sept. 1, 2010. The call-in service is closed on legal holidays. We also have phone services in Spanish.

Ask if you might be put in touch with a lawyer who specialize in Social Security or debtor/creditor relationships law for a free consultation. You might also ask whether you are eligible for reduced rate or pro bono representation should the need arise.

When talking to the lawyer, the idea of course is to find out what rights a judgment creditor may have in the SSDI benefits once deposited in your account. You might also want to know if Texas law provides you with any exemptions which would make the property the subject of the exemption unavailable to creditors.

Sometimes, serious consideration should be given to filing for relief under the bankruptcy laws. Discharging indebtedness is intended to provide debtors with a fresh start.

If you should talk to a bankruptcy attorney about that option ask if doctors, hospitals, clinics, etc., that have had their judgments discharged may refuse to provide you with service.

I mention that concern because my friend in Michigan was required to pay all extant bills (not already discharged in bankruptcy) in full before she could receive any further medical care from the doctors, clinics, hospitals affected.

Good luck. Knowledge is power. You may well have a lot of footwork to do before you gain that power.