Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Other Law   »   judgement from credit card debt

 
Thread Tools Display Modes
Question
 
 
#1  
Old May 17, 2007, 09:09 AM
angelz328
New Member
angelz328 is offline
 
Join Date: May 2007
Posts: 5
angelz328 See this member's comment history on his/her Profile page.
judgement from credit card debt

my husband receives social security disability and was served papers to go to court on old credit card debt. can they take the social security if they receive a judgement? i work but the credit cards were in his name, we also own vechiles in both names can they touch them? also what about my income would it affected?

Reply With Quote
 
     

Answers
 
 
Old May 17, 2007, 09:17 AM   #2  
Bankruptcy & Debt Expert
mr.yet is offline
 
mr.yet's Avatar
 
Join Date: Aug 2005
Location: republic of maryland
Posts: 1,632
mr.yet See this member's comment history on his/her Profile page.mr.yet See this member's comment history on his/her Profile page.
File Notice of intend to defend with the court, add this to your defense.....

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

Comments on this post
Miguel863 agrees: I did not know that
  Reply With Quote
 
     
 
 
Old Aug 16, 2007, 10:14 AM   #3  
New Member
meggiemay is offline
 
Join Date: Aug 2007
Posts: 1
meggiemay See this member's comment history on his/her Profile page.
Quote:
Originally Posted by angelz328
my husband receives social security disability and was served papers to go to court on old credit card debt. can they take the social security if they receive a judgement? i work but the credit cards were in his name, we also own vechiles in both names can they touch them? also what about my income would it affected?
I am currently on SSDI, unemployed, and going through a debt consolidation program. I have not been able to find work that working out well with my disability, so i do not foresee going back to work soon. If i were to cancel my Consolidation of debt, what can the creditors to me with their filing a judgement. If they cannot get my SSDI, can they try to get any money if i were to go back to work in any way if i were to make $500 a month for example?
  Reply With Quote
 
     


Thread Tools
Display Modes

 
Similar Sponsors

Similar Threads
Question Asker Forum Answers Last Post
Judgement on credit card debt naboylan50 Bankruptcy & Debt 3 Nov 29, 2007 11:20 AM
Is credit card debt open account debt or a written agreement debt? nickramon Other Law 13 Nov 21, 2007 01:06 AM
What is a credit card judgement? sharonsteve Bankruptcy & Debt 1 May 1, 2007 03:48 PM
credit card debt judgement tbajmh Bankruptcy & Debt 0 Mar 25, 2007 08:05 AM
Served a judgement for credit card debt jb1973 Bankruptcy & Debt 7 Feb 8, 2007 05:12 AM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 02:48 PM.