Posted on: 06th Jan, 2010 09:14 pm
i am going to court 02/04/2010...for a unpaid balance for a furniture place that was back in february of 2005.i got divorce in february 2006 my exhusband took everything we got from there and other place.but in my divorce decree it says>respondent shall be responsible for the follwing debits..it's three of them and one of them is the place taking me to court...but what i want to know is can they take anything from me or take my monthly checks that i get from social security income and three of my kids get S.S.I can they take those from me? please help me im scared im gonna lose all my money that i get to support my kids with.
Your creditor can definitely sue you for the unpaid balance amount. However, it will not be able to garnish your social security income or your retirement savings. This is against the federal law. However, your creditor will be able to place a lien on your property or garnish your checking account.
angie, if you go to court and receive an order for payments that is within your budget, and you then make those payments, this creditor will have no need to file a lien or garnish your wages. they'll only begin to have access to your bank account(s) if you do not pay according to the judgment ordered.
they can garnish my checking, even if those accounts are only for direct deposit for the S.S.I checks? i use the checking to pay rent and bills and take out when i need to buy food and other stuff for the house. i have five kids, i never have money left over. sometimes i go with out eating for a few days just so my kids can eat... :(
they can place an execution on a bank account if you fail to pay according to a judgment. if you meet the terms of the judgment then they won't bother your bank account.
if you move your account to a different bank/credit union, and then don't advise them of where you do your banking, then they probably wouldn't find the account.
if you move your account to a different bank/credit union, and then don't advise them of where you do your banking, then they probably wouldn't find the account.