QUESTION

Can income be levied by judgment?

Asked on Sep 19th, 2011 on Bankruptcy - Georgia
More details to this question:
I received a summons on unsecured credit card debt which due to unemployment I can not pay. Have already lost home and most possessions. I am a widow and collect my deceased spouses social security and half of his pension. At this time I can not afford to file bankruptcy. My car is 11 years old and I currently live in my married daughter's basement.
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6 ANSWERS

Debtor's Rights Attorney serving Atlanta, GA at Theodore N. Stapleton, P.C.
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A judgment creditor can garnish wages or simply money sitting in an account but cannot garnish the SSA.
Answered on Sep 20th, 2011 at 2:48 PM

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If a creditor has a judgment against you it can pursue collection actions. Some collection actions include garnishment of wages or levy upon bank accounts or other assets.
Answered on Sep 20th, 2011 at 1:35 PM

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Immigration Attorney serving Salinas, CA at Law Office of Magnolia Zarraga
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It sounds like you may be judgment proof. The creditor most likely won't be able to take anything from you even with a judgment because the little you have can be exempted. Contact a bankruptcy attorney. We all offer free consultations. Most attorneys are willing to work with you on a payment plan. If the price you were quoted was too high get a second opinion, your case based on the facts you give seems like a straight forward bankruptcy chapter 7 which means the fee shouldn't be high. An attorney won't pressure you to file bankruptcy unless it's in your best interest, they should analyze and inform you about all your options. In your case the only reason you might consider bankruptcy is if you have other debt or you are feeling overwhelmed by the creditor calls or collection letters. A bankruptcy will put a stop to all the lawsuits, the collection notices and the phone calls and eliminate all your debt. If you can handle the calls and letters just fine and this is the only debt you owe, then file an answer to the lawsuit and a claim of exemption to protect your assets. You can get the forms online or at your local courthouse's self help center. Good luck.
Answered on Sep 20th, 2011 at 1:11 PM

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Daniel James Wilson
Your Social Security is exempt from garnishment. The pension is probably exempt. The creditor can sue you and get a garnishment order. He can cause you headaches even though your income is exempt.
Answered on Sep 20th, 2011 at 9:58 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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It is not necessarily true that you cannot afford an attorney as most lawyers will accommodate your low income. I know I do.
Answered on Sep 20th, 2011 at 8:22 AM

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Glen Edward Ashman
They can likely take your pension money, so you cannot afford not to look into bankruptcy.
Answered on Sep 20th, 2011 at 8:05 AM

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