My husband receives social security disability and was served papers to go to court on old credit card debt. Can they take the social security if they receive a judgement? I work but the credit cards were in his name, we also own vechiles in both names can they touch them? Also what about my income would it affected?

File Notice of intend to defend with the court, add this to your defense...

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

Quote:

---

Originally Posted by angelz328

my husband receives social security disability and was served papers to go to court on old credit card debt. can they take the social security if they receive a judgement? i work but the credit cards were in his name, we also own vechiles in both names can they touch them? also what about my income would it affected?

---

I am currently on SSDI, unemployed, and going through a debt consolidation program. I have not been able to find work that working out well with my disability, so I do not foresee going back to work soon. If I were to cancel my Consolidation of debt, what can the creditors to me with their filing a judgement. If they cannot get my SSDI, can they try to get any money if I were to go back to work in any way if I were to make $500 a month for example?

You can file for bankruptcy all debts will be erased, I filed and all judgments were reversed.