Will a collection agency keep attempting to serve me a summons foncredit card debt or is there a time frame in which they have to do so?

I lost my job through no fault of my own and could not pay the monthly bill from my credit card and it ended up going to a collection agency. I contacted them and offered to pay $20 a mth because that is all I could afford being on unemployment and was on the verge of losing my house, etc. they would not except it. I then get a letter in the mail saying I was being sued and I would be getting a summons. 2 wks ago I was in my backyard and a man approached me with some papers and asked if I knew who(my name here) was and I said no because I knew it was a summons. Also can they garnish my unemployment?

Asked on July 24, 2010 under Bankruptcy Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Most creditors can not garnish unemployment benefits.  Notable exceptions are the Federal Government or child support agencies.  You did the noble thing and tried to pay off the debt but the credit card companies will not take sucha  low amount.  It may not cover the interest payments and the debt just keeps getting bigger and bigger.  If you are served with a Summons and Complaint then you need to file an Answer to the matter.  Filing an asnwer means that the Judge knows that you are "appearing" in the proceeding and that the other party can not take a default judgement against you.  Your best opportunity to be heard may be to go before a Judge and show that you are willing to pay the debt and not discharge it say through bankruptcy but you just do not have the funds at this point in time.  Good luck. 

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