Wednesday, December 22, 2004

Case of the Week: 12/20/04

County: Jackson
Age: 72

Our client is a 72-year-old lady who purchased a vehicle that was recently repossessed. She simply could not keep up with the payments. She was not disputing the debt; however, given her limited income, she was concerned about her rights. Our client rents an apartment and her income is derived from Social Security and a federal pension. When she contacted us, the bank had threatened to take legal action to collect on the debt. I explained that she is probably judgment proof and there are a number of exemptions under state law that she can use to preserve her personal belongings. I also explained that the exemptions are not automatic and she will have to take certain steps to claim the exemptions. I informed her that the clerk of the court will provide her with an Exemption Form upon request. She will need to file the original with the court and provide copies for her creditors.


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