I am on social security disability benefits and it is the only income I have. If a credit card company has a judgement against me can they take my disability benefits, personal belongings, or home or lien on home to repay debt? What can they do to collect the debt?

Unclem

No they cannot take your disability benefits from you. Only the US Government can if you owe child support, taxes, student loans etc.
I am on Social Security and Va disability and I have checked into it. I also own my home.
I went to the registry of deeds and filed a homestead on my property which prevents someone from making me sell my home to pay creditors. As long as you are current with your mortgage company and your equity in your home is no more than a certain amount. Law varies for different states.The rest of my problems I am still researching. I cannot afford to file bankruptcy.

ellie187

They can freez your checking account or any other account that you may have.There is one account you can open that the credit card company CANT touch,It's called Electronic transfer.Go to Electronic Transfer Account (ETA) - Home Page Hope this helps you.

Doc_Jim

ETA, or Electric Transfer Account is basically an electronic check direct to a bank/Credit Union. It is not an account itself. The account is held in a bank or credit union, and thus able to be frozen and used to pay legal judgments.

It appears that you failed to appear at court when notified of a judgment filed against you. That was a mistake. The judgment was probably a default (no appearance on your behalf) judgment.

Legal representation on your behalf is best in this instance. The bank holding your funds for you is bound by law to obey the judgment. I would talk to the bank representative and advise them that the account contains SSDI payments and those payments are exempted by federal law. Also try to write to the court and tell them this information. I would recommend that you also indicate a payment schedule with which you can live so the court does not view you as trying to get out of just debts. You might also send a copy of that letter to each of the lenders who obtained a judgment against you and ask if you can work with them on this.

excon

Hello Mary:

Your benefits cannot be garnished. Make sure the bank knows that the money being deposited into that account is SS.

You are judgment proof. That means that even though you have judgments, they can't be collected upon. Therefore, I wouldn't send 'em a nickel. SS is barely enough to eat.

No, they can't put a lien on your home or take your personal belongings.

excon

linda lofton

wher do I get a notice of exempt 42usc407 form? your a great help thank you so very much.I live in the state of georgia.

excon

Hello linda:

I dunno if there's a form. Just talk to you bank. They'll tell you what you need to do.

excon

linda lofton

there is something called a notice of exempt42usc407 I just dont know if there is a form or you write a letter of notice of exempt

excon

Hello again, Linda:

Well, I looked, and I can't find anything that suggests there's a form. Most laws don't have forms that go along with them.

Write a letter and cite the law. Send it certified, return receipt requested. Believe me; they're not going to continue to take your money because you wrote a letter instead of filing the right FORM.

excon

gregie

what percecnt of retroactive ssdi payment can be garnished by child support