Legal Question in Credit and Debt Law in Indiana

Being harrassed

I have a credit debt that was considered a loss. The company that bought the loss now tells me I have to pay $50 by checking account, or I'll be sued. I have no checking account and am VERY low income. What are my options? Can I go to jail? Do I get to pay based on my income if I have to go to court?


Asked on 1/31/03, 1:51 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Being harrassed

You won't go to jail for not paying a debt. Ask the debt collector for their company name and address. Tell the debt collector to stop calling you. Then send a certified letter repeating your demand and confirming your telephone demand. If they don't stop calling you after that, you can sue their pants off for violation of the Fair Debt Collection Practices Act. They are entitled to sue you. If you don't have a defense, they will get a judgment. If they want, they can record a judgment lien on any property you have, so it can't be sold to anybody without first paying the judgment. They can have the court order you in for a debtors examination to find out what your assets are. But if you really are very low income and very low assets, then your income and assets are probably protected by "exemptions" described in Indiana law, (See Indiana Code 34-55-10-2.)If your circumstances improve, so that there is income or assets that can be attached, you could consider working out a payment plan or a bankrutpcy.

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Answered on 1/31/03, 2:21 pm


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