Managing Debt For Dummies
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Laws govern what debt collectors can do if you fall behind on an unsecured debt. If a debt collector sues you, you will be notified of the lawsuit via a summons, which tells you why you are being sued and for how much, who sued you, and when you must appear in court.

Get in touch with a consumer law attorney if you receive a summons. The attorney may be able to negotiate a settlement with the debt collector, which would bring an end to the lawsuit and mean that you avoid the costs of a trial. If the negotiations are unsuccessful, the attorney can represent you in court. Trying to defend yourself is foolhardy.

Depending on the amount of the debt you are being sued for, your case may be heard in small claims court. The maximum amount you can be sued for in a small claims court ranges widely from state to state, from $1,500 to $15,000. When your case is heard in small claims court, you may have to represent yourself because many states do not allow attorneys in that kind of court. In that situation, consult with an attorney about how to defend yourself.

Should the debt collector win the lawsuit against you, he cannot collect the money from you right away. Instead, he must get the court’s permission to take specific actions in order to try to collect from you. For example, the debt collector may ask the court for permission to

  • Garnish your wages. (Garnishment is not legal in Pennsylvania, South Carolina, or Texas.) If the court gives the debt collector permission to garnish your wages, it will issue an order requiring your employer to withhold a certain amount of money from each of your paychecks for a set period of time. That money goes toward paying down your debt.

  • If the debt collector is trying to collect unpaid court-ordered child support you to pay, a past-due federal student loan, or unpaid taxes, the debt collector may get permission to garnish a portion of a pension and even your monthly Social Security income.

  • Take one or more of your assets. If a debt collector gets permission to take an asset, such as a boat or motorcycle or real estate other than your home, the asset is sold in a public auction and the proceeds are applied to your debt. If the proceeds are not enough to pay off the debt in full, the debt collector is entitled to try to collect the deficiency amount from you.

    A secured debt is one collateralized with an asset that you own, like your mortgage and your car loan; you could lose that asset if you do not take care of the debt.

  • Put a judgment lien on one of your assets. When a lien is placed on one of your assets, you cannot sell it or borrow against it without paying the debt collector the money you owe.

If you have no assets, and if your state does not permit wage garnishment, you are judgment proof. In other words, a debt collector can do nothing to collect the money you owe. In any case, having a debt sent to collections damages your credit history and your credit score.

About This Article

This article is from the book:

About the book authors:

John Ventura: John is a best-selling author and a nationally boardcertified bankruptcy attorney. He is also an adjunct professor at the University of Houston Law School and the director of the Texas Consumer Complaint Center at the Law School.
As a young boy, John dreamed of becoming a Catholic priest so he could help everyday people, and he spent his high school years in a Catholic seminary. After graduating, however, John decided to achieve his dream by combining journalism with the law. Therefore, he earned an undergraduate degree in journalism and a law degree from the University of Houston Law School. Later, he and a partner established a law firm in Texas, building it into one of the most successful consumer bankruptcy firms in the state. He subsequently began a successful consumer law firm in South Texas.
Today, as Director of the Texas Consumer Complaint Center, he supervises law students as they help consumers with their legal problems. He is also a regular speaker at law conferences around the country and serves on the Bankruptcy Council for the Texas Bar Association.
John is the author of 13 books on consumer and small business legal matters, including Law For Dummies, 2nd edition; The Everyday Law Kit For Dummies; Divorce For Dummies, 2nd edition; and Good Advice for a Bad Economy (Berkeley Books). John has been interviewed about consumer money matters by numerous national media including CNN, NBC, NPR, Bloomberg Television & Radio, The Wall Street Journal, USA Today, Newsweek, Kiplinger’s Personal Finance, Money, Inc. Martha Stewart’s Living, Bottomline, Entrepreneur, Bankrate.com, CBSMarketWatch.com, and MSNMoney.com. In addition, his comments and advice have appeared in major newspapers around the country, and he has been a frequent guest on local radio programs.

Mary Reed: Mary Reed is a personal finance writer who has coauthored or ghostwritten numerous books on topics related to consumer money matters and legal rights. The books she has coauthored with John Ventura include The Everyday Law Kit for Dummies, Divorce For Dummies, and Good Advice for a Bad Economy (Berkeley Books). Mary has also written for the magazines Good Housekeeping, Home Office Computing, and Small Business Computing, and she has ghostwritten numerous articles that have appeared in national and local publications.
Mary is also the owner of Mary Reed Public Relations (MR•PR), an Austin, Texas-based firm that provides public relations services to a wide variety of clients, including authors, publishers, attorneys, financial planners, healthcare professionals, retailers, hotels, restaurants, and nonprofits.
Prior to starting her public relations business and writing career 20 years ago, she was vice president of marketing for a national market research firm, marketing director for a women’s healthcare organization, and public relations manager for Texas Monthly, a national award-winning magazine. She received her MBA from Boston University and her BA from Trinity University in Washington, DC.
In her free time, Mary serves on the board of a community development corporation in her neighborhood. She also enjoys long morning bike rides, road trips with her husband, gardening, working her way through the stack of books by her bed, taking care of her six cats, and spending time with her family and many friends.

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