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Disabled person with credit card debt

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Subject: Disabled person with credit card debt
 
Posted on Tue Mar 24, 2009 8:14 pm  

I have been disabled for the past 5+ years, and unable to work due to my health issues. Last year I stopped paying my credit card bills. I owe about 20k in total to various companies. I do not own a house, vehicle, or anything of much value. My only source of income is Public Aid/SSI/Food Stamps. I live with a roommate and pay rent and living expenses, which pretty much leaves me with nothing extra.

It appears now that I'm about to be sued by one of my credit card companies. In fact, it is one of the companies to whom I owe the least amount of money. The only letter I received so far is a Notice of Motion. They are trying to get the judge to make a "motion to post" because due to my disability I have not been able to answer the door so far when they have come to serve me with papers.

I thought about filing bankruptcy, but can't really afford to. What can they do to me? What should my next step be?

My other question for now is, should I send a letter to respond to the law firm right now? Or would it be better for me to wait and send it after they go to court to get the "motion to post" and then they leave me with the official summons?

Thank you for any assistance you can provide for me.
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30028 Magic Points

 
Posted on Wed Mar 25, 2009 7:13 am  

What I think is that, if you cannot afford to pay off the debt, you need to wait for the creditor or the collection agency to take action first. All that they can do is to sue you to the court and bring judgment against you either to garnish your wage or your bank account. Now, since ss benefit can never be garnished for credit card debt, you need not worry about that. All that they can do is to garnish your bank account so that whenever any money comes into your account, it gets automatically debited by the bank and deposited with the creditor. To stop garnishment of your bank account, you need to inform the bank in writing that the money that gets credited into your account is your social security benefit.
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Subject: disabled person with credit card debt
 
Posted on Sat Aug 15, 2009 6:20 pm  

I am suprised that they are coming to your house to serve to serve you papers I have had stopped paying on my debt. of course they are not as high, but I got letters of action, but it all went into bad credit no on came to my door. Your roommate could tell them you moved couldnt he.
freddie
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Subject: garnishment of retirment
 
Posted on Mon Sep 21, 2009 9:07 pm  

You said retirements can be ganish if it is deposited to saving account, how about if deposited to checking account?
sunnyca



Joined: 10 Sep 2009
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Posts: 148



955 Magic Points

 
Posted on Thu Sep 24, 2009 5:18 am  

freddie

Retirment money cannot eb garnished. That is the reson you need to inform you bank that the money gettign deposited in your accoutn is retirment money
linda pflum
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Subject: help with credit card debt
 
Posted on Fri Oct 08, 2010 2:32 pm  

I am 52 years old, i had a stroke 2 years and can not move my left side, i am on an fixed income can not keep up with my credit bill anymore i make a payment but it is small not what they are asking for, i need help to find out what i can do before they do nayhting to me. Please help
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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Posts: 1883



1899 Magic Points

Subject: credit
 
Posted on Sat Oct 09, 2010 10:15 am  

What type of income do you get? There are a few, like SS, that can't be 'disturbed'. Meaning, 'they' can't attach wage attachment to them. Disability, I believe is the same..can't have a 'wage attachment' to it. What kind of bill do you have?
nduen



Joined: 15 Oct 2010
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Posts: 13



246 Magic Points

Subject: Judgment Proof
 
Posted on Fri Oct 15, 2010 5:39 am  

If you own minimal assets and only receive Social Security Disability payments then a regular creditor will not be able to attach, garnish or seize this income. Although they can still go to court and obtain the judgment they are limited in their ability to actually collect on the judgment. For example if they were to freeze your account which has social security disability payments, then you would be able to get this reversed by going to court and showing that the money in the account is from SSI payments. What you may want to do is send a letter explaining to them your source of income and that they cannot collect from this income. This may discourage them from proceeding with any lawsuit.
redbaron1967
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Subject: help
 
Posted on Sun Jun 12, 2011 7:09 pm  

im disabled and recieve disability/survivors benifits. i have a small savings account for emergencies. should i close it?
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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Posts: 1883



1899 Magic Points

Subject: credit
 
Posted on Sun Jun 12, 2011 10:10 pm  

Hi, Red Baron. Just one question: why would you want to close your savings account? Do you have some kind of debt debit comig out of it? Usually, with Disability checks, no one can have a 'wage attachment' from it. And, if that's ALL the income you receive, you need to let the creditors know ( if that IS the issue).
Wendy
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Subject: Credit Card Debt
 
Posted on Mon Sep 12, 2011 3:34 pm  

If I have a Disability and can no longer pay my credit card debt can they lock me out of my apartment ? People are trying to intimdate me and I have to go out I am a human being I need my family and friends.
Carolyn Smith
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Subject: Credit Card Debt
 
Posted on Sun Dec 11, 2011 1:55 am  

I just received a lawsuit from a credit card company. I'm living on social security disability. What is my next step. I am going through treatment for a cancereous tumor in my skull. I can't even think about bills right now. There is no money in my household.
brenda scott
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Subject: 12 yr. old credit card debt
 
Posted on Wed Apr 18, 2012 3:02 am  

im on social security disability and am my mothers poa. what can they do to me. right now they call every day, the total bill with interest is 14,00.00
kiwl
Guest






Subject: i am on disability can credit card collectors take my money
 
Posted on Mon Jun 25, 2012 2:33 pm  

can credit card collectors take my money
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1883



1899 Magic Points

Subject: credit cards
 
Posted on Sun Jul 08, 2012 5:37 am  

Kiwl..you may want to explain a bit more of your situation. What state do you live in? What cc's are you talking about?

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