Q: I can't be at my debt collection lawsuit, what should I do?
I retired early overseas in Asia after me and my wife developed health issues after covid. I left a good bit of unpaid credit card debt behind in the US that I can't pay. All I have is my small OPM federal retirement pension via direct deposit to my US bank account each month and no other assets such as house or car. I am now being sued by one of these debt collection agencies but I can't even make it back to the US for the hearing. How should I go about this? I have very little money to pay an attorney. Should I just ignore the lawsuit knowing they might not be able to collect anyway or is there a way to respond to it via letter explaining my situation? I am concerned about my Federal Pension being frozen or garnished from the bank even though the law says it can't, but I know these debt collectors will do anything to try to get the money. Looking for some solid legal advice in this situation, thank you. For the record, the suit is in PA where I still maintain a PO Box.
A: Hire a lawyer to appear for you or you could lose by default.
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If you're unable to attend your debt collection lawsuit in the U.S., it's important to take some steps to protect yourself. Ignoring the lawsuit might lead to a default judgment against you, which could complicate matters further. Instead, you can consider responding to the lawsuit in writing, explaining your situation and financial hardship. This won't stop the lawsuit, but it shows you're making an effort to address it.
Your federal pension is generally protected from garnishment by debt collectors, but if the funds are mixed with other deposits in your bank account, it could become a target. To safeguard your pension, keep it in a separate account and avoid mingling it with other funds. This makes it easier to demonstrate that the money is protected if needed.
If you can, consider reaching out to the court or a legal aid organization in Pennsylvania for advice on how to submit a written response or request a continuance. While it's challenging to manage this from overseas, taking these steps can help you avoid more severe consequences.
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