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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
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.
Timothy Denison agrees with this answer
1 user found this answer helpful
A: Hire a lawyer to appear for you or you could lose by default.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
