What can you do when you are summoned for a debt collectors and you are not working?

Answer 1

You definitely will want to consult an attorney.

It's possible that this is a discovery summons, meaning you have to show up and provide them with information about your assets. If you're unemployed, be sure and bring proof of that, like the stubs from your unemployment checks. If you don't have any yet, bring your severance papers. They'll tell you what to bring, like a listing of any property you own worth more than a certain amount, and bank statements showing your accounts.

If that's what's happening, it's important that you understand they're looking for seizable assets, like the money in your bank account. If your bank account is seized, the sheriff's office will notify your bank, and all the money in it will be taken out and held by the sheriff. You may be able to get it back, if you can prove that the funds are not subject to seizure (for example: if the only money in there is from your unemployment payments, it's probably exempt. You'll need to go to the sheriff's office and get a form to fill out explaining what portion of the money you believe to be exempt, and why you believe this. The form will list those kinds of income that are exempt.)

However, actually getting it back can take some time, during which you'll have no money in your bank account, so you may want to start keeping a small cash reserve. (I'm not suggesting you should withdraw all your money so that it can't be seized, but I am suggesting that it would be prudent to pull out enough to be sure you can make your next rent payment, should the creditor decide to wipe out your account on, say, the 29th).