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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have Cerebral Palsy, unable to work since 2005, on disability

Resolved Question:

I have Cerebral Palsy, unable to work since 2005, on disability and unable to pay my credit cards. These companies are taking legal action, threatening my bank account. What recourse do I have?
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
My understanding of your situation is that the credit card company has already established a judgment against you for the credit card debt and are now looking to garnish your bank account. The only money you have in your bank account is from disability.

You want to know what your options are. You need to file a "Claim for Garnshiment Exemption" with the Court and go to the hearing. This would simply be a document that states you are exempt from the proposed garnishment because the only money in the bank account is a social security disability payment and the garnishment action violates Section 207 of the Social Security Act (42 U.S.C. 407).

You need to sign this document in front of a notary public and you need to gather all the documentation you have that shows the income you have in the bank account is from disability payments and make copies to file along with the document I talked about above.

Good Luck,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 12 other Legal Specialists are ready to help you
Expert:  Zachary replied 2 years ago.
Hi,

I wanted to follow up with you to see if there was any further information that I could provide you with.

If you find my answer acceptable, please either rate or accept my answer so that I may receive credit for my work. If you feel that you still need more information, let me know and I will do what I can to help you.

Best Regards,
ZDN

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