Questions about being "Summoned" on Capt. 1 suit

[treehugger1]

Every state is different. Does the packet and form ask you to itemize personal property? Here is the statute I found on Tennessee. It is pretty lame.

§ 26-2-103. Personal property; selection


Personal property to the aggregate value of four thousand dollars ($4,000) debtor's equity interest shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in Tennessee, and such person shall be entitled to this exemption without regard to the debtor's vocation or pursuit or to the ownership of the debtor's abode. Such person may select for exemption the items of the owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of four thousand dollars ($4,000) debtor's equity interest.

[TNDebtor]

Summons says 10K, the Packet 4K in exemptions.

So when figure Dell's "value" I'd what: subtract the balance of the note from the "value" of the equipment?

We tried calling them, and all the Capt. 1 attorney does is say he'll get his money in court so why settle and hangs up or says "We can't discuss that matter outside the court" and hang up. I figured certified letter offering to settle, staple a copy to the answer with the other paperwork showing we're trying to settle is about the only way.

[JackBondLove]

I was sued by Crap One's MN debt law firm. I received a judgment and they tried to seize my closed checking accounts. However, they issued a garnishment levy with my part-time employer. They only received less then $20 over a 2 yr period. I became pro active when I knew a judgement was on the horizon.

I love it - I'm sure they spent all more than $20 to get that $20!

[TNDebtor]

Long time, but finally have a update: My employer has legal aide for full time employees. 100% coverage for any matter that isn't criminal court and if the employee meets the quarterly average hours worked per a week minimum. We met with him yesterday: I'm covered, but all he can do is get a continuance on the grounds that they haven't proved the balance their claiming plus the didn't include all the documents required by the state of TN in the complaint. He's shooting for a continuance (or two) that'll put us past when he's going to start our BK filing.

[jacko]

It cost them at least $340 to file plus the paper work with notary and postage.

I love it - I'm sure they spent all more than $20 to get that $20!

[GoingDown]

I was sued by Crap One's MN debt law firm. I received a judgment and they tried to seize my closed checking accounts. However, they issued a garnishment levy with my part-time employer. They only received less then $20 over a 2 yr period. I became pro active when I knew a judgement was on the horizon.

I wish more people would be pro-active like this when faced with a lawsuit.

There are ways to minimize the damage if you brace for impact when a lawsuit gets filed.

[GoingDown]

Long time, but finally have a update: My employer has legal aide for full time employees. 100% coverage for any matter that isn't criminal court and if the employee meets the quarterly average hours worked per a week minimum. We met with him yesterday: I'm covered, but all he can do is get a continuance on the grounds that they haven't proved the balance their claiming plus the didn't include all the documents required by the state of TN in the complaint. He's shooting for a continuance (or two) that'll put us past when he's going to start our BK filing.

Good, good!

So now I wonder how smug the Cap 1 attorney feels?

[TNDebtor]

Signed the papers earlier this week: The attorney is contesting ALL of the suit. After he got the record from the court of what they submitted, he believes they've got the wrong account. So I put in my sworn denial, he's demanding a continuance and a complete listening of all facts of the case and "strict proof" that the account number is right (they scratched out-- by hand-- the account number two or three times and kept writing different account numbers on the papers they submitted to the court). He figures by the time they get a actual court date we'll be in the BK filing anyway.

He's also filing a complaint and request for review against the court-clerk for the information she gave us and the fact she gave us the financial paper work for a default judgement and told us we were not allowed to enter a defense and not to appear.

[IamOld]

EXCELLENT TNdebtor!!!!