Disabled person with credit card debt

Submitted by Anonymous (not verified) on Tue, 03/24/2009 - 20:14

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.

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.

Wed, 03/25/2009 - 07:13 Permalink
Concerned your… (not verified)

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.

Sat, 08/15/2009 - 18:20 Permalink
freddie (not verified)

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

Mon, 09/21/2009 - 21:07 Permalink


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

Thu, 09/24/2009 - 05:18 Permalink
linda pflum (not verified)

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

Fri, 10/08/2010 - 14:32 Permalink

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?

Sat, 10/09/2010 - 10:15 Permalink

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.

Fri, 10/15/2010 - 05:39 Permalink
redbaron1967 (not verified)

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

Sun, 06/12/2011 - 19:09 Permalink

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).

Sun, 06/12/2011 - 22:10 Permalink
Wendy (not verified)

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.

Mon, 09/12/2011 - 15:34 Permalink
Carolyn Smith (not verified)

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.

Sun, 12/11/2011 - 01:55 Permalink
brenda scott (not verified)

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

Wed, 04/18/2012 - 03:02 Permalink

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?

Sun, 07/08/2012 - 05:37 Permalink
John Smith (not verified)

I am currently on California state disability and have debt I cannot repay. I have no property except a 6 year old car. Can they take my car or garnish my bank account?

Tue, 08/21/2012 - 00:08 Permalink
Cathybean (not verified)

I have recently become disabled. The only income I have is child support for my son. I am thinking about not paying my credit card debt. I have a leased car which I will pay on and turn in within a few months when the lease is up. I don't own my home my husband does. Can the credit companies garnish my checking account taking my child support money?

Fri, 12/07/2012 - 15:24 Permalink
Diane Oleary (not verified)

I can not work any longer due to health problems, which arose this year, up until then all bills were payed on time. I have outstanding credit cards , what czn I do

Mon, 01/14/2013 - 22:18 Permalink
Denis (not verified)

Paying OFF what you owe would help your credit score. Just coalosidnting your debt, since you'll still owe it, could make things worse, especially if you run up additional bills.

Fri, 04/12/2013 - 06:44 Permalink
Darlene (not verified)

I cannot pay my debt. I became disabled two years ago and now these creditors have retained an attorney. I just can't pay what will happen now

Wed, 04/24/2013 - 17:00 Permalink
TDM (not verified)

I am 51 yrs old, I am on SSDisability, the only asset I own is my old 23 yr old truck. My SSD check gets "direct deposited" to my checking acct. which is really my wife's acct. she also deposits her meager paycheck in the same acct. Can the CC co take her $$'s from the acct ?

Tue, 06/18/2013 - 00:03 Permalink
Dave (not verified)

I am waiting for s.s. disability. I have never missed a credit card payment. I am 53 and ran out of savings to pay anymore. What will happen I own my own home.

Wed, 09/25/2013 - 19:39 Permalink
irenekirby (not verified)

i keep receveing threats from a kohls credit card company i use to have that card but no longer have the card now. im on a fixed income of ssi only i have to pay fpr my rent water electric and phone plus numerous hospital bills and i cant pay this credotor

Fri, 01/17/2014 - 00:18 Permalink
marlo santora (not verified)

I receive social security disability and a small pension. I do have a $30.000 retirement fund (TSA) and $10.000.00 savings. I have credit card debt of about $17.000.00 which I can no longer afford to pay. I am being sued by one creditor for $15.000.00. I own my own home. Can this creditor attach my $30.000.00 retirement fund or my life savings of $10.000.00 ? Please let me know.

Tue, 01/21/2014 - 23:44 Permalink
beth erickson (not verified)

i have a credit card for 2,220 that i cant pay any more there telling me there gonna sue me i only have disability can they still take my check or freeze my money thats all i have

Sun, 02/08/2015 - 19:22 Permalink
discouraged (not verified)

hi I have a small pension from my husbands pension fund it is alimony not a whoe lot 300.00 a month I have benn able to save some do not own a home do not own a car live with some one and have no job I am trying to get on ssi I have copd and am on home oxygen. can they take my money out of my account. I nee it to live on and medicine and so forth I pay gas and electric ware I am. Can some one help me I am trying to get a legal aid lawyer. this is a debt that my husband paid half of x husband and they are trying to get me to pay the other half I am 60 years old I have lost my home of 40 years. I have nobody and live in Cleveland the credit debt is about 13 to 15 yrs old. please help. with answers thanx kat.

Sun, 04/12/2015 - 16:44 Permalink
cam63 (not verified)

I know credit card companies cannot garnish my ss payments. Can they take my car I am paying on?

Sat, 08/15/2015 - 21:06 Permalink
debbie6molly (not verified)

im on ssd cant pay my credit debt what can they do to me

Tue, 08/18/2015 - 12:23 Permalink
debbie6molly@y… (not verified)

what can they do to my ssd account

Mon, 08/31/2015 - 12:13 Permalink
NFL (not verified)

I am sixty five living with my daughter I get a small pension from my deceased husband and ss disability I owe the IRS $5000 because I drew money from my IRA to pay on my bills. Im paying The Irs $1000 a month and cant pay my credit card bill what should I do

Thu, 03/10/2016 - 13:38 Permalink
greenhead1966@… (not verified)

to avoid all pitfalls don't do chapter 7 or 13. do debt settlement, there are a # of companys. yes you will hear bad stuff about them but it works. you got 4 options. 1 don't pay anything, well that's not good. 2 chapter 13 expensive. 3 chapter 7 better than 13 but it has it catches. 4 debt settlement company, they handle everything. any letters you get you mail to them in free postage paid envelopes. do nothing but set-up a small payment plan pay em and your done. you credit score will temporarely drop but not forever.

Sun, 07/03/2016 - 22:28 Permalink
CherZ (not verified)

I have been disabled 2 yrs and can no longer pay my bills and collections from prior debts when I lost my job. Can my disabled veteran husband be accountable for my debts in my name only?

Mon, 07/04/2016 - 07:49 Permalink
gwennie63 (not verified)

just got served for credit card debt 7669.23 +cost I get social security disability my only income besides food stamps my check goes direct deposit into my checking account can my account be frozen also I can't afford to file chapter 13 or 7 and can't afford to pay appearace fee for court 186.00

Thu, 07/07/2016 - 00:33 Permalink
Doris (not verified)

I owe some credit card but i'm not working due to health problems . back problem, anxiety and depression . my case for disability still in review. I don't have any income to pay these credit card . my health prob stop me from working . when I was working I was paying them...

Mon, 08/22/2016 - 22:02 Permalink
LUra giorgione (not verified)

I have a letter to go to mediation. I have a s income of 985 per month. I live with my daughter who was helping me but she lost her job two years ago come December.
Can the card company's after the small bank account I have and take it. My a s barely paid for meds as I have had 6" rod in my back and am facing surgery on herniTed discs in my neck. Can they take my money. It is about 8k in debt and. 10k on savings

Thu, 10/27/2016 - 03:15 Permalink
Laura giorgione (not verified)

I am 71 yrs old I don't own a home or car. I do not work due to medical issues. Lhsve letter of mediation. Can
N be cd company take my small savings account. Debt is8k a savings is 10k

Thu, 10/27/2016 - 03:20 Permalink
Laura giorgione (not verified)

I am 71 yrs old I don't own a home or car. I do not work due to medical issues. Lhsve letter of mediation. Can
N be cd company take my small savings account. Debt is8k a savings is 10k

Thu, 10/27/2016 - 03:21 Permalink
Anonymous (not verified)

Your answers do not directly address my question

Thu, 10/27/2016 - 03:21 Permalink
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Fri, 09/15/2017 - 19:21 Permalink
Anastasia Moore (not verified)

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Tue, 11/28/2017 - 16:02 Permalink
Shawna Smith (not verified)

Hi I'm on disability have been for over twenty years in 2015 I fractured my hip got really sick took almost 1 1/2 yrs for me to heal things got really hard for me and was unable do to pay my credit card debt they have told me expect a summons I offered to pay $10 a month they refused to accept it can they file a judgement against me and garnish my disability payments if the judge award them the judgement yet I don't have enough to pay it will they be able to garnish my disability payments or levy y bank account

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Sissy (not verified)

If the only money going into your bank accounts is one of these CC bills can not be taken out of yr account as long as you are not depositing other money into it.Now we all know we can only have a certain amount of saving or it will affect our checks the last time I checked if your single you can only have 2000 dollars worth of money and things of value total SS doesn't count 1 car your house and personal items that being said your best defence to do first is have your checks from SS is have them direct deposited and when your get your bank statement it says the deposit is from the Social Security office make copies and send to all your credit card companies as soon as you stop paying them.

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