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SUPOENA to court by CapitalOne on SSI
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Posted by Tia (199.35.136.226) on January 26, 2004 at 14:07:37:
I recieved a summons by capital one. I filed my appearance and i'm now scheduled for court. I don't own a car, have no assets, and my only source of income is ssi. I need to know when I go to court if the judge will still allow the creditor to call a discovery of assets which gives them permission to visit my home to take property or freeze my bank account, or if I take in proof of ssi will that be enough? I know that I am collection proof and my ssi can not be garnished, but I've heard people complain that creditors have accidentally(on purpose..ha) still frozen their accounts and/or taken their ssi check anyway, and they have had to go to the trouble of having the money returned to them which takes time. If this happens I will accrue late fees because most of my bills are automatically deducted the first week of the month. I can not remove my check before my court date because it is scheduled to be deposited 3 or 4 days after my court date. If the above happens, how much time will I have to remove my money after the court date? I'm praying that I will not have to go through much more after this court date because my stress level can not take to much more of this. I am unemployed due to illness. Also, I only owe capital one $500 but they are sueing me for almost $1300. Is this legal? Thank you Tia
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