QUESTION

What will happen if I am being sued for old credit card debt?

Asked on Aug 11th, 2011 on Bankruptcy - Georgia
More details to this question:
I am being sued for a old credit card debt bought by another company. I am now 60 and live off ssi I own nothing after having a stroke. what will happen? Can they take my ssi can they take the few things in my room?
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7 ANSWERS

Daniel James Wilson
Your SSI is likely exempt from garnishment. Unless you have personal property of unusual value your possessions are also likely exempt. (Exemption statutes vary from state to stateI practice in Colorado.) That said a creditor can be an incredible pain. You should check out legal aid. They may be able to find an attorney who will represent you no-fee or low-fee.
Answered on Aug 15th, 2011 at 9:13 AM

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Debtor's Rights Attorney serving Atlanta, GA at Theodore N. Stapleton, P.C.
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You could file a chapter 7 bankruptcy and discharge the debt or you could let them get a judgment. If they get a judgment they can't garnishment your SSI until it is deposited into your account. I am happy to discuss these issues with you. Please call to schedule a free consultation.
Answered on Aug 12th, 2011 at 1:01 PM

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Karla Lehn
You can be sued for credit card debt. Social security income is protected from creditors. I advise that you seek advice from a bankruptcy attorney to be fully informed of your rights and options.
Answered on Aug 12th, 2011 at 12:26 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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There is nothing they can take from you but if you stopped paying the credit card over 4 years ago you might win the lawsuit by answering the complaint and putting in the answer that the debt is no longer valid because of the statute of limitations. You are eligible to have the court waive the filing fee for the answer because you are on SSI. However, you need to find someone to help you prepare the answer and it must be filed within 30 days of the date you were served with the summons and complaint. Bankruptcy is also an option you might want to explore with a bankruptcy attorney, particularly if you want to wipe out all your debts and don't want any more phone calls, letters and lawsuits.
Answered on Aug 12th, 2011 at 11:50 AM

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If you are receiving SSI disability that is not available for judgment creditors to collect. It is fully protected, just like your personal property and furnishings.
Answered on Aug 12th, 2011 at 11:49 AM

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Bankruptcy Attorney serving Herndon, VA at Maureen O'Malley
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They can't touch SSI. Just be sure it's in an account that has no other source if funds. Your personal property is probably all exempt. If they win they can record a judgment which will continue to earn interest. How old is the debt, from the original creditor? If outside the statute of limitations, they can't get a judgment, though you'll have to go to court. And the creditor can't count from the time they bought the debt, so ask the judge to make them prove it.
Answered on Aug 12th, 2011 at 10:41 AM

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Glen Edward Ashman
Sit down with a lawyer. You may have defenses, or may be able to bankrupt. And the SSI should be safe (but take care as to where it is put).
Answered on Aug 12th, 2011 at 10:22 AM

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