Here goes...

I am being sued for $20K from a hospital. I just received the summons today (7/12) and the court date is set for (7/23) This seems like an awfully shot time for me to find an attorney to help me through this. At any rate, I have contacted one tonight and are waiting on a response from them before I do anything else.

I understand that SSDA cannot be touched, but the checking account the money goes to can be because of mixed funds. (My wife has her check from work deposited there.)

Would it be a good idea for me to get rid of my name on the account and start up a new one that only accepts the SSDI checks?

My debts are actually up closer to the $100K mark and I plan on filing for bankruptcy as the pittance I receive from SSDI is so small. Should I contact a bankruptcy lawyer or some other type of lawyer? I'm not exactly sure where to start.

One more thing, if I can't find a lawyer right away, what are the chances that I can file for an extension so that I can find counsel?

Also, any other advice is welcome.

Your wife opens an account just in her name and puts her money there. If you just move yours, the old account still has your name on it.

We found out from the bank that that is what is supposed to happen. We're working on dealing with that right now. I have found a bankruptcy lawyer that is willing to take my case, but in the meantime I have been sued for medical bills. I cannot afford to pay the lawyer until my next SSDI check. I was served last Thursday with a lawsuit, the court proceeding being on the 23rd of THIS MONTH. That's less than 2 weeks notice. What are the chances that the court will give me a continuance?

Hello Hed:

I don't know why you're so interested in defending a lawsuit that's going to be discharged in bankruptcy anyway... You're not going to save your credit rating.. In terms of changing accounts, they're only vulnerable AFTER you get a judgment against you. If you declare bankruptcy, they'll NEVER get a judgment... I'd concentrate on your bankruptcy...

excon

Agree, pull all the money out of the bank ( if there is any) but if you want, you show up, ask the judge for additional time.

Disability pay from Social Security or Veterans Administration CANNOT BE GARNISHED (except for past FEDERAL DEBTS ex.. : Student Loans, Back Federal Taxes, Federally back home and business loans and Military Credit Cards)

In my opinion you are wasting your time even dealing with that lawsuit. The Bankruptcy Court may even force you into a chapter 13 even though your income is from Social Security disability pay. The bankruptcy attorney will use a "MEANS TEST CALCULATOR" for this.

You may not be happy but you may even be judgement proof after all of your exemptions.

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Originally Posted by Jerry65

Disability pay from Social Security or Veterans Administration CANNOT BE GARNISHED (except for past FEDERAL DEBTS ex..: Student Loans, Back Federal Taxes, Federally back home and business loans and Military Credit Cards)

In my opinion you are wasting your time even dealing with that lawsuit. The Bankruptcy Court may even force you into a chapter 13 even though your income is from Social Security disability pay. The bankruptcy attorney will use a "MEANS TEST CALCULATOR" for this.

You may not be happy but you may even be judgement proof after all of your exemptions.

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You are incorrect - it can also be garnished for child support and spousal support.