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-   -   Being sued over credit card debt and I am on Social Security (https://www.askmehelpdesk.com/showthread.php?t=288788)

  • Dec 5, 2008, 12:46 PM
    butterfly74
    Being sued over credit card debt and I am on Social Security
    I just got a summons to appear in court as I am being sued over credit card debt. I really don't know what to do. Can I claim bankruptcy before they sue or can I get a postponement. I really don't know what to do as I barely have any money to live on anyway.
  • Dec 5, 2008, 02:14 PM
    slowandeasy

    If your sole income is social security and you have no other assets such as property etc. then you may be what is called judgement proof simply meaning that If social security is your only income then that can not be garnished but it will be up to you to prove that it is your only sourse of income, now with that being said legally the cc company may not be able to collect but it doesn't mean they can't hound you forever
  • Dec 9, 2008, 10:24 PM
    mlr08

    Go to Welcome to WashingtonLawHelp.org and find the Exemption of Assets form, you need to file an answer and the exemption form stating that your sole income is social security. Hope that helps.
  • Jan 1, 2009, 04:39 PM
    mr.yet
    Take this to the court and your bank, you must prove that the funds in the bank account are from SSI.

    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

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