 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
Being sued over credit card debt and I am on Social Security
I just got a summons to appear in court as I am being sued over credit card debt. I really don't know what to do. Can I claim bankruptcy before they sue or can I get a postponement. I really don't know what to do as I barely have any money to live on anyway.
|
||||
|
||||
|
If your sole income is social security and you have no other assets such as property etc. then you may be what is called judgement proof simply meaning that If social security is your only income then that can not be garnished but it will be up to you to prove that it is your only sourse of income, now with that being said legally the cc company may not be able to collect but it doesn't mean they can't hound you forever |
||||
|
||||
|
Go to Welcome to WashingtonLawHelp.org and find the Exemption of Assets form, you need to file an answer and the exemption form stating that your sole income is social security. Hope that helps. |
||||
|
||||
|
Take this to the court and your bank, you must prove that the funds in the bank account are from SSI.
For your information about Social Security Benefits Safe from Garnishment Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law". This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT |
||||
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
I have been served a summons by first class mail of a lawsuit against me by an asset collection agency on behalf of a credit card company. The asset company has purchased the debt,in an amount just over $1000. My question is how do I proceed as I have never been sued before. I currently am...
I just got a call someone from a law firm named ……and asked me if I wanted to get lawsuit from my credit card company (Bank of America). The unpaid balance was from about 8 years back and when I was I different state (Massachusetts). Now, I am in Illinois and I’ve been getting the letters from the...
My parents received a phone call from a lawyer asking for my wife. My parents refused to give our contact information but rather promised to relay a message, which they did. I contacted the lawyer today who advised us that my wife is being sued for a credit card debt. Background story - short...
I have credit card debt in my name only and was making at least the min payment every mo until they doubled the min. which I cannot pay. Now they are threatening to garnish my social security, my husband's wages and his social security. Can they do this?
I had the entire amount in my checking account emptied by an old Credit Card debt, that yes, I have been to court and do owe the amount but my situation is that now I am retired and live on Social Security. At the time of the garnishment there were other funds in this checking account other than...
View more questions Search
|
