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Judgement Proof

Posted on: 04th Apr, 2010 05:39 pm
Both my husband and myself are on Social Security Disability. We live in Florida. We used all of our savings to pay our Credit Cards down as far as we could. We even paid our Credit Cards before our Mortgage. We have no money in the bank. We used everything. We have nothing now. Not even enough to buy Meds or to bury us. The Credit Cards Companies keep on hounding us. Mostly Home Depot and Discover. They are also the ones that charged the 26% interest. The accounts are closed by us and the Companies. We have nothing to pay them with. Both of us get only about $1300.00 p/month together. We talked to a Bankruptcy Atty. about Chap. 7. The lawyer told us that being on Social Security Disability we are Judgement proof. We have nothing. No retirement nothing. Everything is gone. We are sick and can't even buy Meds or go to the Dr. being we have no money. What can they do to us? What can we do? They have ruined our credit. We can't even pay $1.00 per month. Need all that we have to live with rent, utilities, Dr.'s, and Meds. Help. :(
Hi rose,

I don't think you're judgment proof. The lender/creditor can sue you if you do not pay off your debts on time. However, it is true that the lender cannot garnish your SSI check. But again, if you deposit your ssi check in your savings account, then the lender will be able to get a judgment against you and garnish the amount.

Thanks
Posted on: 07th Apr, 2011 12:32 am
Rose, you didn't indicate what, if any, issues you might be having (unless I missed an earlier post). I am in agreement with James that you're not judgment proof, because anyone who owes money can be sued for non-payment, resulting in a judgment. As noted, though, your SS cannot be garnished; further, your bank account can only be garnished if the creditor in question knows about it.
Age, receipt of SS income, having a mortgage and an old car truly have nothing to do with judgments, per se.
Posted on: 07th Apr, 2011 09:35 am
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