Kicking an old lady when she's down.

macmamma · #1 Oct 16, 2006, 12:34 AM

I've had the misfortune of being disabled with a back problem in 2001-ish. Received Social Security Disability finally in 2003. During all this I struggled to keep my desk at the Realtors office but had to stop. I went from making a good living to nothing! Needless to say..I stopped paying my credit cards. I could not even afford to file bankruptcy! I was a single mom with twins to feed. I think all other creditors have written me off except one. They have now set a court date in my county, they are really going to sue me. I make $650. US a month on SSDI and $121. on SSI! What are they going to do to me? This has me very upset and scared. Please answer me. I think I have to go in Oct. 30th. Mom

Thomas1970 · Oct 16, 2006, 07:52 PM

Hi Macmamma,
I'm sorry to hear about your back troubles. It would probably be a good idea to talk with someone at your local legal aid office. Free legal help is available, and being on SSI and SSDI, you do qualify for it. But beyond that, though I'm not a lawyer, to the best of my knowledge I believe there is no legal way for them to force you to pay as long as your only income is from SS. I don't believe they can legally garnish these payments, though the creditors may still attempt to intimidate you into making them voluntarily.
I wouldn't worry too much about court. Ultimately, the final decision is up to the judge. He will certainly take into account your current health status and your need to feed and care for your children. And if he does rule that you don't or have no ability to pay at this time, the creditors have no real recourse but to take you back to court sometime in the future. If a payment plan was established, it would be up to the judge what those payments are, and it could well be a nominal amount as little as $10 a month or so, just to prove honorable intent on your part. Though I don't feel you will, or can be made to pay at this time. A free legal aid office may well be able to help you file for bankruptcy as well, or find someone willing to do it for a substantially reduced rate. If you have trouble finding an office in the front of your phonebook, call SS, they should be able to refer you.
Good luck. I hope everything works out for you. Take care.



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