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I have medical bills I have struggled to pay for the last 3 years. I have no other debt or credit cards. I have received a summons to go to court on another medical debt. My paycheck is already garnished for another creditor. My question is if I file for bankruptcy before the court date will I still have to pay? My husband is on social security disability, is that exempt from garnishing? Also I have been laid off and will get my final paycheck before court. I will get unemployment benefits. Can they garnish it? And last, if all my income is exempt, should I file bankruptcy at all?
5 ANSWERS
Litigation Attorney serving Portland, OR
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Daniel G. Hoarfrost
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disability and unemployment are exempt from garnishment.
Answered on Jun 15th, 2011 at 6:59 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Social security disability cannot be garnished. Unemployment is exempt pursuant to Code of Civil Procedure Section 704.120.
Answered on Jun 14th, 2011 at 9:27 AM
Spencer Hale
In Arizona the social security benefits and the state unemployment benefits would be exempt from creditors. If your income is the only asset you have you may not have to file bankruptcy if you are okay dealing with the creditors harassing you. Otherwise, if you have other assets, you just want the creditors to stop contacting you, or you plan on obtaining new employment, you should probably consider filing bankruptcy.
Answered on Jun 14th, 2011 at 8:51 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Social Security is exempt from garnishment, but to be safe it should be in a separate account. I don't know your state's laws about garnishing unemployment. If you file bankruptcy before the garnished money is turned over to the court your lawyer should be able to get it back for you. As to whether to file bankruptcy, it will stop all collection efforts from past debts and it will stop more garnishments. You may qualify for legal aid or for referral to a lawyer who will do it for free or for a reduced fee.
Answered on Jun 13th, 2011 at 11:00 AM
Glen Edward Ashman
Social security cannot be attached in any way. You should see a bankruptcy lawyer to evaluate other reasons to file or not file.
Answered on Jun 13th, 2011 at 10:46 AM