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    Victoria1854's Avatar
    Victoria1854 Posts: 3, Reputation: 1
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    #1

    Jun 4, 2008, 01:47 PM
    I'm On SSI disability And Being Sued By HSBC Credit Card Company
    I'm hoping someone can help me on here since I feel like I'm at the end of my ropes. I'm a 53 year woman and I'm on SSI disability since the age of 18 for mental and physical disabilitiesI managed to get my credit cleared up last year and obtain a couple of credit cards one being a HSBC MasterCard. I pay all my bills and something happened last year where I had to use my credit cards for a personal emergency and now I am paying back two of the credit cards except for the HSBC MasterCard which I was unable to do so. I'm tapped out on paying all my other bills and rent and food and anything else that comes along including copayments on perscription drugs. They have served a summonns on me to try and sue me for what I owe them. I'm just about out of my mind since this happened and I have allot of recent health problems that make me so sick to even get out of the house much anymore. Can they get my SSI from me to pay the debt I owe? Please if someone could help me I would apreciate it.



    Victoria
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 5, 2008, 08:02 AM
    This should put your mind at ease (from the debt collection site):

    "What kinds of benefits are exempt from debt collection?
    Public Assistance (PA)
    Supplemental Security Income (SSI)
    Social Security
    Social Security Disability (SSD)

    Veterans benefits (VA)
    Child Support
    Spousal Maintenance
    Workers Compensation
    Unemployment Insurance
    Railroad Retirement benefits
    Black Lung benefits "
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jun 5, 2008, 08:07 AM
    As Judy advised SSI is exempt. So they cannot garnish your payments. However, they can attach your bank account unless you forestall them.

    At this point they have just served you with a summons. So what you do is respond to the court your Intent to Defend against the suit. Send a copy to the plaintiff. When you get to your hearing, just explain that you have no money to pay nor assets to attach. If the judge awards them a judgement (and its possible he will), then you go to your bank and file a letter withthem stating that the only amounts deposited in your account are from exempt sources and can't be attached.

    So, even if they server a writ on the bank the bank can refuse it.
    Victoria1854's Avatar
    Victoria1854 Posts: 3, Reputation: 1
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    #4

    Jun 5, 2008, 05:31 PM
    I have contacted LeagalAide and they said the same thing, that my SSI is safe from garnishment from any collection. ALSO SCOTGEM, alll you did for me was upset me since one of my disablities happens to be mental, Anxiety Disorder. I know you were only trying to help, but the part about the bank might be able to Attach? Or did you mean Attack my bank account really upset me. I have a mental health therapist that makes weekly house visits to me and I told her this and she has allot of clients on SSI and Social Security incomes that have had similar experiances with credit cards and she said they could not touch my bank account where I have my SSI Check and DHS Welfare check deposited every month. Thanks fro sacring me to death!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 5, 2008, 05:37 PM
    Quote Originally Posted by Victoria1854
    I have contacted LeagalAide and they said the same thing, that my SSI is safe from garnishment from any collection. ALSO SCOTGEM, alll you did for me was upset me since one of my disablities happens to be mental, Anxiety Disorder. I know you were only trying to help, but the part about the bank might be able to Attach? or did you mean Attack my bank account really upset me. I have a mental health therapist that makes weekly house visits to me and I told her this and she has allot of clients on SSI and Social Security incomes that have had simular experiances with credit cards and she said they could not touch my bank account where I have my SSI Check and DHS Welfare check deposited every month. Thanks fro sacring me to death!

    Sorry you have mental health issues but Scott told you the truth - your bank accounts CAN be attached (seized) although your monthly checks SSI cannot. I cannot find any indication that DHS Welfare checks are exempt so once both checks are co-mingled the account CAN be seized.

    And, no, Scott didn't mean attack your bank account; the legal term is "attach." They attach (take) the funds.

    This is a legal question board and everyone has simply tried to assist you.

    If your mental health therapist knows so much about this, have her advise and represent you - and hope she's right.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jun 5, 2008, 05:57 PM
    I'm sorry you misunderstood my post. It was not meant to scare you, but to help you. What I was doing was telling you how to protect your bank account. If you read my answer carefully, I was telling you to give your bank information so they can REFUSE the writ of attachment. Your therapist is only partially correct. Its true, if the bank account contains ONLY funds from exempt sources, that it can't be touched. But the bank doesn't KNOW what's in the account. So if HSBC gets a judgement and serves it on your bank, the bank has no choice but to freeze your account. You would be able to get the freeze lifted, but that will take time. What I was telling you to do was a preventative measure. By letting your bank know IN ADVANCE that the deposits come from exempt sources, you are protecting your account.

    However, you have added information that could cause you problems. I don't want to scare you, but I have to give you the facts so you can prepare yourself. If any thing other then exempt income is deposited in your account, that MIGHT compromise the account. So you need to find out if the DHS payements are exempt. That means talking with your caseworker and discussing the situation.

    Please understand that we are giving you factual information based on experience in the legal and collections fields. Not someone in a different fields who is talking from hearsay.
    Victoria1854's Avatar
    Victoria1854 Posts: 3, Reputation: 1
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    #7

    Jun 5, 2008, 05:59 PM
    well, sorry if you think what i said was totally uncalled for, but really I only told him the truth, it did upset me. You don't know what i have been through lately, I have on top of the Anxiety disorder I have Fybromyalgia, and a form of in flamatory Arthurits and don't feel good at all and this whole thing has been vey upsetting to me. Did you not read the part about I know he was only trying to help me? guess not. From what I see there, he is a computer expert, not a lawer or someone that knows about these matters. No, they can't I contacted legal aide
    I get a little DHS check for 46.00 and SSI Check of 636.00 each month.


    I edited out a lot of attacking of Scott and langauge that is not called for. This poster is attacking people giving her proper and correct advice.

    :rolleyes:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #8

    Jun 5, 2008, 06:10 PM
    Actually Victoria, go back to your doctor, you need serious help, Scott is trying to be very helpful and he is one of our best legal experts on here and is normaly 99 percent correct.

    And he is correct, if you have mixed funds, they can be frozen and you will have to go to court and prove which part of the funds is from which check or the court can allow mixed funds to be taken. That is the law.
    Next even on bank accounts that are not suppose to be taken, often the bank does freeze them and you will have to go to court and show the court that the account is exempt. This is what happens in real life, we get people here every week.

    But since you know what you think is the truth, good luck, and to be honest I was going to be nice but since you are doing nothing but attack people trying to help you, The truth is, you spent money you knew you could not pay back which caused this to start with.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #9

    Jun 5, 2008, 06:23 PM
    First, I edited out comments made by another poster, but apparently not before you saw them. I felt those comments were a little too harsh given the situation.

    However, your latest response was uncalled for (which is why it was edited). While I am a computer expert I have a significant amount of knowledge in a wide variety of areas. One of those is in the area of credit/collections. If you browse these forums, you will see I answer a number of questions on this issue.

    I'm not sure if you read my follow-up note (#6) where I tried to explain the facts for you. I'll say again, that the bank will not know your income is from exempt sources unless you tell them in advance. Otherwise, they will have no choice but to freeze your account if they receive a writ of attachment. You will then but put in the position of working to get it unfrozen. But if you follow my advice, you can prevent it from being attached.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Jun 6, 2008, 04:05 AM
    Quote Originally Posted by Victoria1854
    well, sorry if you think what i said was totally uncalled for, but really I only told him the truth, it did upset me. You don't know what i have been through lately, I have on top of the Anxiety disorder I have Fybromyalgia, and a form of in flamatory Arthurits and don't feel good at all and this whole thing has been vey upsetting to me. Did you not read the part about I know he was only trying to help me? guess not. From what I see there, he is a computer expert, not a lawer or someone that knows about these matters. No, they can't I contacted legal aide
    I get a little DHS check for 46.00 and SSI Check of 636.00 each month.


    I edited out alot of attacking of Scott and langauge that is not called for. This poster is attacking people giving her proper and correct advice.

    :rolleyes:

    Life is upsetting; the truth is upsetting; debt you cannot afford to pay is upsetting. You are not the only person on the board with problems.

    The very harsh truth is that if you cannot handle your finances someone should be appointed to handle them for you; your DHS check CAN be seized; co-mingled funds CAN be seized; Scott knows what he's talking about.

    I'm surprised that you would take the advice of a social worker or home health care aid (although you want advice from an Attorney) but not someone with Scott's credentials.

    You appear to have anger problems and I trust you are in therapy and/or on medication. Anger issues are best posted - and argued - on message boards, not here.

    So come back, be civil and tell us how this works out.

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