Can civil debt court garnish social security disability checks?

Question

I am being sued for debts I cannot pay. The court ruled I am liable for the principal but not the interest on the amount owed. The credit card company and I go before an arbitrator the end of February. My only income is my social security checks each month. Can the legal system garnish these wages which are already under the national poverty level?

Answer 1

Generally, no. However, there are often a lot of exceptions to this rule. Each state has different rules relating to the amount of income and property which is exempt from garnishment and/or attachment for payment of a judgment. You would be better off contacting a local attorney who can advise you of the laws in your state as well as the local practices and customs. You may end up spending a few dollars for a consultation fee, but you would have the answer and the experience of the lawer to guide you on how you want to proceed.

For a referral to an attorney, contact your local or state bar association.

Answer 2

I'm not an attorney, but I have had some dealings with arbitrators (in a labor relations setting). i would recommend that you list your expenses, mortgage/rent, car payments, maintenance and fuel costs, insurance (home/car/medical/personal/other) premiums, utility (electric, gas, water, telephone, Internet connection, etc.), taxes (property, other), food and drink, and any other expense that you may have or can think of. Total the expenses, then list you income - SS Disability, interest ro bank accounts, dividends from stock, insurance policies, wages (if any), and all other income (excluding gifts). Compare the two. if there is a surplus, ask the creditor if they will take half; if there is a deficit, ask where is the money going to come from? Be sure you have analyzed the expenses, to where you can "agree" to reduce expenses to pay your debt. Is that Internet connection an essential part of your life? Can you reduce travel, thereby spending less on fuel? If you have made a "good faith" effort to address your legal financial obligations, I think that the arbitrator will view your situation with a sympathetic eye and, depending on the amount of debt and when it was assumed, may come up with a minimum payment plan. However, if you ignored your obligation, failed to notify the credit card company of your situation, attempted to work out a mutually agreeable payment plan, but forced them into suing you (and causing an unwarranted expediture of company funds ) then the arbitrator may take a harsher view.

Answer 3

Nope, social security deems what is the national poverty level, so unless you have any other measure of income they can't.

When it comes to the governemnt though, unless its a disability payment, they will pressure you to start working your *** off. Especially since now they can stop your social security after 3 months if you haven't found a job yet.

Answer 4

Well i swore the answer was no untill the small business loan went into collection .

Now maybe it was because it was a goverment lender that they kept some of my money till it was paied off that i don't know .

For your sake i hope they can't belive me i know how hard it is to get by on SSDI so best of luck

Answer 5

no?