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Seizing Possesions

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  • Seizing Possesions

    If I do not appear in court to a summons of being sued by credit card collection agencies for old debts from 1995 totaling $40,000 becasuse I have absolutely no money to pay it with and my furniture in my apartment is rented from my daughter can they take away her things, like furniture, tv, sterio etc. I am 63 years old and ill.
    I have a written rental agreement signed by her itemizing everything in my apartment, like bed, sofa, tables, lamps, computer, tv etc, that I pay her $40 each month to rent contents, itemized in my apartment from her. It is done on a legal form and signed by her and by me.
    Can they take these from me? I have have no income only a monthly social security check to live on, no bank accounts, savings, etc.
    I rent an apartment, own nothing.
    I cash my s.s. check at the grocery store each month. Have an old 1995 car.
    Even if I appear at a hearing will this be sufficient?????

  • #2
    Re: Seizing Possesions

    it is best to appear, the judge will perhaps require them to have more proof etc.--it will be hard for them to collect even if they win...

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    • #3
      Re: Seizing Possesions

      If they have actual documents from the original credit card comanies they wil l have proof. as my exhusband forced me to sign all these credit card applications in my name only. Then he ran them up to the max and left me. I have no proof he made me sign them.
      So, when they do get the proof will the rental reciept done by my daughter hold up in court.
      It is my apartment, she does not live there, I am alone.
      She bought a legal form at a legal supply store and we filled it pout, she itemized it and it states that each month I pay her so much for everything in the apartment, like furniture, computer, tv, sterio, dishes etc.
      I am 63 and live on a social security check and have no other income of any sort.

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      • #4
        Re: Seizing Possesions

        Most of those minor items are exempt from collection anyway by law.

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        • #5
          Re: Seizing Possesions

          you say you have a car. If it is paid for, they may be able to sieze it and sell it. It depends on where you live and how much equity you have in vehicle.

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          • #6
            Re: Seizing Possesions

            My mom is in the same boat as you right now. I feel for you. If I'm not mistaken they cannot seize anything worth less than 300 dollars. Since your debt is so old you may try asking for proof of debt. If they don't have it your case will be dismissed. Have you tried legal aid. Since you are on a fixed income you may be eligible. You may also be eligible to file for bankruptcy at low or no cost to you.

            Good luck to you.

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            • #7
              Re: Seizing Possesions

              See also Collecting on a court judgment for general info.

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