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What happens to your debt, credit cards, unsecured, if you file for social security disability? No income?

6 Comments

social security disability

I have been waiting for my court date, I filed in March of 2006 . My husband has left me. I filed an appeal in June of 2007, still waiting for my court date. How do they collect?

Tags: Social Security Disability

6 responses so far ↓

  • 1 kim

    i have no f****** idea!!!!!!!!!!!!!!!!! sorry

  • 2 Totalbuttshit .

    How they be related together, You getting acourt date thats good news. Make sure you don;t get sued though somebody fucked with me on ebay and I sued the shit out of herYou;ll get those checks coming sooner or sooner. I think you gotta meet wiothh some of these people do some mediacl things and wrtie.

  • 3 joliesf

    They will continue to pursue you, but they can’t attach the check, with a few exceptions (like child support and taxes). You’ll probably have to endure the collection phone calls if you can’t set up payment plans you can survive on, unless you are also able to file for bankruptcy.

  • 4 Sgt Big Red

    Trying to get SSDI can be a bitch without an attorney to help you. It can take a long time to wait for an appeal. If and when you do get it, it will be retroactive.

    All I can suggest is you contact the creditors and explain the situation to them. If they get mean and file a suit to collect, you can claim you are judgment proof.

    Judgment-proof is the commonly used term but a more accurate term would be “execution-proof”!

    Although creditors and debt collectors win lawsuits, they still have to collect from you, but if you are penniless then you are at least temporarily insulated not from judgment but from execution of the judgment (the collection of the debt)

    You may be considered “Judgment Proof” during periods of unemployment or while drawing disability pay or disability retired pay or if you have no assets such as home, car, land, and other big-ticket items. In other words, you have no money and can prove it!

    Never ignore a lawsuit just because you are broke or have no assets! If a debt collector or creditor is trying to sue and you believe that you are judgment proof, you must respond to the lawsuit as such.

    Failure to appear and show the judge why you are judgment proof opens the door for the judge to grant the collector a “default judgment”. Even though they cannot collect anything from you now, with a judgment against you, collectors can wait many years while periodically trying to collect the debt.

    Judgments also show up on your credit report as a huge negative! If you lose your “judgment proof” status due to new employment, or you get awarded your SSDI, be advised that whoever owns the judgment can not seek wage or bank account garnishment from a persons SSDI payments.

    So, unless the debt has expired, once you’re employed again,or win your SSDI claim, it’s better to negotiate a reduced payoff rather than risk a court-ordered judgment.

    Hope this answers your question

    LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.

  • 5 overstander

    They will continue to ask you to pay.

    In my area the backlog for SS hearings is about 20 months.

  • 6 asdf

    The most they can do is send to collections. what you should do is contact your creditors and let them know you will be on SSD and try to set up a payment plan with them. Work out a budget and see how much you will be able to afford. If they do not accept that and you start paying less than the minimum the collectiins calls will start, but they really can not garnish any portion of your SS checks. They can only garnish a portion if it is a federal debt, Student loans, IRS and other types. If you DO end up going to court, the mediator will set up a payment plan. Be careful if you own a home as they can put a lien on it.

    Don’t take this as legal advice and always consult a lawyer.