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If you receive a civil summons for a lawsuit for credit card debt and your only income is from disability benefits can you have a judgment entered against you or be arrested?
Wiki User
∙ 12y ago
You cannot be arrested for a civil infraction. The judgment means they can attempt to collect the amount. In some cases they may attempt to take property to sell to get their money.
You need to see if there is a way to work out a payment plan. As long as you show you are making an effort, even making small payments, and are destitute, there isn't going to be much they can do.
More Contributor Opinions- As noted you cannot be arrested for debt.
All Social Security and private disability benefits are exempt from attachment by a judgment creditor.
The creditor can still sue and receive a judgment which may or may not be enforceable against other property belongin to the debtor.
Please be advised, if the debtor receives a Motion of Discovery (interogatory, disclosure, etc.) directly from the court (not plaintiff's legal counsel) he or she must respond or risk being cited for contempt.
Wiki User
∙ 12y ago
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Can a debt collector execute a judgment against disability benefits for debt owed?
No, disability payments are exempt from creditor judgment. You should, however, never have monies commingled in a bank account to avoid the possibility of judgment levy upon said account. All disability payments should be held in a single account belonging to the beneficiary or the beneficiary's appointed trustee.
Can a landlord garnish disability wages of a tenant that is behind in rent?
No, disability benefits both private and governmental (SS, RRB) are not subject to garnishment for creditor (including rents or leases) debt.
Can military widow benefits be garnished due to legal judgment against the widow?
Yes.
Can a credit card company get a judgment against you if your only income is soc Security Disability?
Umm I dont think so!!!
What do you do when there is a judgment against you and you are on disability?
It makes no difference in Law ,a judgment is a judgment- which will stay on your record irrespective for anything up to 6 years,however,you may have grounds to plead on mitigating circumstances/compassionate grounds based on your disability and the courts may allow you more time/and or less payments/installments.[Syed Amir]
Can my personal property be seized if my only source of income is Social Security and Veteran's Disability benefits?
Social Security and disability benefits are exempt by federal law from garnishment by judgment creditors. It is very important that the debtor does not commingled exempt funds with non exempt funds to avoid the possiblity of the account being "frozen" by the court until the issue is resolved. A judgment creditor can, however, seize any other non exempted personal property such as bonds, stocks, etc. or place a lien against real property belonging to the debtor.
Can you place a lien against your spouse's disability money before the benefits are received?
No. Social Security and/or private disability benefits are not subject to garnishment except for child support or federal tax arrearages and in rare cases spousal maintenance.
If you have direct deposit of your social security check can they take the money in your bank account if they have a judgment against you?
The judgment creditor can execute the judgment as a bank levy in which case, the bank must release the amount of funds stated in the court order regardless of how the funds are deposited in the account. The entire balance of an account can be seized if it is needed to pay the judgment order. The judgment debtor should take steps to protect funds within the account that might be considered exempt (Social Security benefits, disability benefits, monies that belong to an account holder who is not the judgment debtor, etc.)
Can you be arrested for oweing money to a friend?
Owing money to a friend is a civil matter that has nothing to do with the police. You would not be arrested but your friend can sue you in court to obtain a legal judgment against you if they have proof of the loan.
If you have a judgment against you and you die do the judgment disappear?
No, it is levied against your estate.
Is a judgment against the person or property?
The judgment is against the person, not the property.
Are social security earnings taxable in California?
No, California is not one of the fourteen states that levy taxes against Social Security benefits.
