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My only income is social security can a credit card company

Posted on: 20th Jan, 2009 10:23 am
My only income is social security can a credit card company attach my payment...i divorced my husband after 28 years of abuse, i had him arrested now i'm being sued due to lack of rpresentation during the divorce, he has a restraining order against him can they attach my social cecurity payments since that is my only income, I live in kansas city mo
bridges, your social security income cannot be attached. what can be attached would be assets that you have. for example, if you have bank accounts and the creditor discovers their existence, they can attach those accounts and take their money.

however, the only instance in which they have the right to take your money is to first, obtain a judgment against you for the debt; second, you would have to neglect to pay on the judgement. then, and only then, can they begin to take action to grab your money.

don't let them intimidate you - don't get scared and do something rash.
Posted on: 20th Jan, 2009 10:26 am
the only bank account i have is direct deposit for social security and i wasn't allowed to drive or go anyplace by myself so i have no car and avout 500 dollars worth of furniture and no family
Posted on: 20th Jan, 2009 10:31 am
keep a watchful eye on this credit card debt, because your savings account could be in jeopardy if there are funds in there.

has the credit card company obtained a judgment against you?
Posted on: 20th Jan, 2009 10:33 am
not yet but there is a court date in feb.
Posted on: 20th Jan, 2009 10:35 am
by all means, go to the court hearing and state your case. if you have any documentation that would eliminate you from responsibility for the amount owed, you'll want to present that at that time. who knows - perhaps you'll be victorious and won't have to repay the debt.

pray!

but go - you can't afford not to attend the hearing.
Posted on: 20th Jan, 2009 10:37 am
but i can't afford a lawyer
Posted on: 20th Jan, 2009 10:38 am
that's the beauty of small claims court. you will seldom find lawyers there. it's considered "the people's court" because the process is pretty simple and eliminates the need for anyone (for the most part) to hire an attorney to work for them.

but you need to go to state your case to the judge.
Posted on: 20th Jan, 2009 10:40 am
the amount with interest is $8600 is that small claims
Posted on: 20th Jan, 2009 10:43 am
i doubt it. you can check by contacting your local small claims court, but the maximum amounts are generally quite a bit less than that.

if it's superior court that they'd be using, you still need to go; and if you can't afford an attorney, then just go and state the merits of your case as only you can. you still need to attend any hearing that is held.
Posted on: 20th Jan, 2009 10:45 am
Some jurisdictions have free advocates who'll stand with a person in court. Maybe ck with a Senior's group, in the KC area for suggestions; and, maybe log into the AARP site where there's group discussions. Here in Oregon, there's no low-cost legal services available. It wouldn't hurt to call the Senior's service...some phone books list the services available in communities...it's worth a look. Nothing was said abt whether the CC was taken out in both names, or if it's a community ppty issue. Ask around. Some atty's will talk to a person, free, for one visit. Ck our Atty's in the Yellow Pages...Maybe they'll offer a suggestion. Good Luck.
Posted on: 20th Jan, 2009 08:45 pm
thanks, sam, for adding your information.
Posted on: 21st Jan, 2009 07:20 am
The credit card company has threaten to garnish my SC and land on which my mobile home sits, it is not paid for. i don't have any money except for my payments for my home.
What can i do.

Juanita
Posted on: 03rd Mar, 2009 09:18 am
what is your "SC," juanita?

as for their threats, you may wish to tell them that they are not allowed to threaten you. have they taken you to court in an attempt to win a judgment against you? that's the first step to their attaching anything that you own.

if you can make no payments at all, they'll be not too happy, of course. if you can pay something, then let the court know that when and if they do seek a judgment in court.
Posted on: 03rd Mar, 2009 09:57 am
The SS is my Social Security, the man from a credit card collection, called me a told me it was a federal offense for me not to pay and i had to pay them $100.00 by Thursday or they would garnish my Social Securilty and take my land. i offered to pay 10.00 a month and he said they is not acceptable
I don't have anything i could sell to get the money. I am 71 years old

Juanita
Posted on: 03rd Mar, 2009 06:05 pm
Hi Juanita!

Welcome to forums!

As far as I know, social security cannot be garnished. So I don't think you should worry about your social security. As far as the land is concerned, they may place lien on it so that whenever you sell off the land, they can get back their dues.

Sussane
Posted on: 03rd Mar, 2009 08:46 pm
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