People whose sole income is from SSI are typically judgment-proof. We haven't made a video on this yet, but this judgment proof cease-and-desist letter template could be useful for you: upsolve.org/learn/judgment-proof-cease-and-desist-letter/
Helpful info… I’ve had success derailing lawsuits by responding to process servers when they ask my name by saying, “I’m the Agent for the principal.” …literally a more truthful response than embodying the ALL CAPS NAME legal fiction (a dead entity “person”) that is actually the “person” being sued. I’ve seen judges decline default judgments because the defendant wasn’t properly served.
Hi @TexasMike713 - If you got a summons without the complaint, contact the court where the lawsuit was filed (this info should be on the summons) and request a copy/ask what's up. They should be able to give you some info or guidance. Good luck!
Thanks for your question! Typically, legal documents need to be served in person or through certified mail to be considered officially delivered. An email alone usually doesn't meet the legal requirements for service. However, it's always a good idea to check your local laws or court rules to be sure. If you did receive an email, you might want to follow up to see if it was also sent by other means.
Answering the lawsuit on a designated date is not the only step you need to do.They are not telling you that.They are only partially right but if you did not do the missing step you are in the same boat as if you did not respond.Learn more
Thanks for your input! This video covers what we’ve identified as key steps, but everyone's situation can be unique. If there are specific steps you believe should be highlighted, please let us know!
@@datnursenicky3022 Thanks for your question! Even though your court date is in January 2025, it's important to check your summons for the exact deadline to file your response. Typically, you need to answer the lawsuit within 20-30 days of being served, not the court date itself. Make sure to submit your answer within that time frame to avoid any issues.
@daniellemarie7471 I'm sorry to hear you're dealing with this situation. If the lawsuit is not in your name and you were never summoned, it sounds like there might be a mistake. Here are a few steps you can take: Contact the Court: Reach out to the court where the lawsuit was filed. Explain the situation and provide any documents that show the lawsuit is not in your name. Notify the Plaintiff: Inform the party who filed the lawsuit that there is an error. They may need to correct their records. Check Your Credit Report: Make sure there are no inaccuracies that could be related to this lawsuit. I hope this helps!
Gentle prompts for a better presentation: 1. Slow down. You are talking to people who may not listen as fast as you talk. 2. Leave your info scripts up a bit longer. You are talking to people who may not READ as fast as you talk. Other than that.......good work and info. Thanks.
Of course .....you could lose the lawsuit ....and leave the plaintiff with a Pyric victory . If you don't own an auto , rent your apt ,. are on Social Security , and your bank account only contains the proceeds from your social security ......placed there through direct deposit . you leave the plaintiff with a win ......and nothing else .
Thanks for the comment, Jimmy. While it might seem tempting to ignore a lawsuit if you believe you are judgment proof, ( upsolve.org/learn/mean-judgment-proof/ it's generally not advisable. If the plaintiff get default judgment against you, it can complicate your situation further and might open the door to future legal or financial problems. It’s always best to respond and engage with the process, even if your assets are currently protected.
@@ivieflynch88 You're right that government funds like social security are protected. Our aim is to highlight that engaging with the legal process is important since some creditors, unfortunately, might still pursue action. Thanks for pointing this out!
So sorry you've had to deal with harassment. We understand how frustrating and stressful dealing with debt collectors can be. You can file a counter lawsuit for harassment if the debt collectors have violated the Fair Debt Collection Practices Act (FDCPA). For more information on this, you can check out this article on FDCPA violations: upsolve.org/learn/fdcpa-violations/ While you can countersue, it's often best to get a lawyer since it can be complicated. Best of luck, and thanks again for engaging with the video!
