[clown711]

I have been served a summons for a credit card debt. I went to legal aid and they said I did not have to court. That the judge would file in favor of the creditor. I also owe state taxes can they garnish my social scurity disability. Could I go bakrupt withoutlosing my home and car... all that I own. Well the house has a $40,000.00 mortgage on it.

[XTC832]

SS disability cannot be garnished to pay a credit card debt. The only instances where SS disability can be garnished is if you owe delinquent Federal taxes or if you owe back child support payments. Sometimes (not always) SS can be garnished for alimony support. Delinquent state taxes may or may not be entitled to a judgment of your SS. Consult with an attorney because states law vary in conjunction with what the Feds dictate.

If the creditors win a judgment, yes, they can freeze an account. But if your only source of funds in the account is the SS disability, then no, it's judgment proof. If there are funds other than SS in this account, then the burden would be on you to make certain the bank and/or the creditor are aware you have untouchable SS disability. Best advice for situations like this is to keep separate accounts or close the account and get a "live" check from SS.

As to filing bankruptcy, yes, it is possible to keep your house and car and your possessions, depending on their value. Bankruptcy allows personal property exemptions and in some states, the exemptions are quite generous. Of course, it is best to consult with a bankruptcy attorney because there are different chapters and requirements. Full financial disclosure is required as well as a credit course and financial management course. If you choose to file, then your SS disability is excluded also. This is a huge plus for those who have borderline incomes. Take care.

[DownUnder]

Also you must take a means test to see if you qualify for chapter 7 or chapter 13,your lawyer will discuss this with you