QUESTION

What do I do if I’m on disability and I can’t afford an attorney?

Asked on Jan 14th, 2015 on Bankruptcy - South Carolina
More details to this question:
I have a lot of medical debt and I lost my home. I lost all on my credit. I can't buy a car. I can’t do anything. I need help.
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6 ANSWERS

Sounds like you are "judgment proof". In other words, even assuming a creditor sues you and receives a judgment, they can not collect on the judgment because you have no assets they can touch (luxury items). They can not attach or garnish Social Security money of any kind, including disability money from Social Security. I would try calling your creditors and telling them that you spoke with an experienced bankruptcy lawyer, and the lawyer told you that you were judgment proof. The creditor may want verification that you are 100% disabled, and on Social Security Disability income. Provide them with proof of same. Most creditors will close their files out as "noncollectable". I hope this information helps. Best of luck!
Answered on Jan 15th, 2015 at 6:46 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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If you had specified what type of disability you receive,it sure would have allowed me to provide you with a more explicit answer to your question. For example, if your disability benefits are from workers compensation or social security, there are easy ways to protect these benefits from creditors taking them. Just keep the money in a segregated bank account and don?t mix the funds with money from any other source. Although you think you can?t afford an attorney, if you properly follow free legal advice, it may be that you don't need an attorney. But there are many types of disability income and without having more details, it would be irresponsible for me to offer you any additional advice.
Answered on Jan 15th, 2015 at 6:46 PM

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It sounds like you would qualify for free legal aid. Every county has a chapter. Good luck!
Answered on Jan 15th, 2015 at 6:46 PM

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First of all, your account of your situation suggests that you are 'judgment proof.' That means that even if a creditor sued you and won a judgment, you don't have any earnings or property which the creditor could take so sooner or later that creditor will stop bothering you. You do not absolutely need a lawyer to do a personal bankruptcy, if you should decide that you need to file a bankruptcy even though you areat least for the present judgment proof. The forms are available online, and if you read the instructions and fill them out accurately and completely, and pay close attention to the mail you get from the court, you could probably do a simple bankruptcy for yourself. Most localities have neighbourhood law offices which will work at sharply reduced prices for people without means. Check your phone book, or check with your State Bar. Good Luck.
Answered on Jan 15th, 2015 at 6:45 PM

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Bankruptcy Attorney serving Charleston, SC at Davis Law Firm
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If you cannot afford an attorney to file bankruptcy, Legal Aid will probably do it for you at no cost. You need to discuss with them if filing bankruptcy is the right thing to do. If you are disabled, the income you receive may be exempt from garnishment and the property you still retain may also be exempt from claims by creditors. You may also still incur some debts you cannot afford to pay even after you file bankruptcy. The question you need to ask the attorney is will filing bankruptcy at this time help you. Do not answer the phone when creditors call and use the letters creditors send to you to light a fire. Your job is to get well or better. Do not react to what creditors try to do to you. Not all services that provide free legal services are called Legal Aid. If you cannot find Legal Aid, contact the Bankruptcy Court in your area and it can tell you the name of the agency that provides this service. Don't let the creditors take the joy out of your life nor keep you from rebuilding your life.
Answered on Jan 15th, 2015 at 6:44 PM

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Assuming your are eligible to file, I think the first step would be to determine what benefits you would derive from filing bankruptcy. Given that your are on disability, you are most likely "uncollectable." Your income may not be subject to garnishment and you may not have any assets that a creditor would seek to take from you. In other words, you may not derive many benefits from filing. There are bankruptcy attorneys that do free phone and in-person consultations. I highly suggest you take advantage of that so that you can discuss your situation in detail with an expert that will be able to tell you the benefits that you would obtain by filing. At first, filing bankruptcy is detrimental to your credit. However, it can put you a path to improving your credit. Even if you are not subject to garnishment or a potential loss of an asset, it may make sense for you to file bankruptcy so that you can obtain credit and eventually do things like financing a car. Many people also file bankruptcy to end creditor harassment. Creditors/debt collectors can be vicious. Ending those nasty phone calls and letters may be worth filing even when there are no other significant benefits. I highly recommend looking for a free legal services in your area. They may be able to assist you or help you find an attorney that can. The cost of filing a bankruptcy attorney can vary. Some attorneys allow for payment plans on the fees for filing.
Answered on Jan 15th, 2015 at 6:44 PM

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