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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12706
Experience:  Experienced Licensed Attorney
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I have received papers from the sherriffs office that I am

Customer Question

I have received papers from the sherriff's office that I am being sued for a collection of debt. I am not in a position to pay the debt due to the fact that I am unemployed
due to health issues and I own nothing and am flat broke. I have nothing to offer but
my Social security and unemployment payments. Are those incomes at risk ?

Charles.
Submitted: 11 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 11 months ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am sorry to hear about your difficult situation.

The only time unemployment or social security can be garnished is for outstanding tax debt or child support payment, in all other cases such as unsecured credit card debt judgments, neither unemployment benefits nor Social Security benefits can be garnished.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12706
Experience: Experienced Licensed Attorney
Alex J. Esq. and other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Does the 2 items that cannot be garnished except for taxes and


child support apply in Pennsylvania ?

Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXXX,

That is correct!
Customer: replied 10 months ago.

My wife has a part time job. She clears about $150.00 a week.


Can her pay be garnished ? She has nothing to do with this legal matter.

Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXXX,

Your wife is not responsible for your debts, so the answer is no, as long as, your wife's name was not on the account related to debt.

I wish you the best of luck!
Customer: replied 10 months ago.

The company bringing the suit is a nursing home. My mom was a resident


there and is now deceased. She was on Medicaid. They say I am


responsible for a portion of her costs.


 


I have not talked to a lawyer yet. I have not communicated with the nursing


home as yet. Is the next step going into court in person or discussing


the possibilities of working it out before we go to court.? Maybe a payment


plan or something like that. If something is resolved will I still have to pay


the court costs ?

Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXXX,

This is an entirely new question and would have to be posted in a separate new post and would require a new deposit according to the rules of JustAnswer.com

You can still request for me to answer your new question, by starting your question with "This question is for Alex J. Esq. only".

Thanks.
Customer: replied 10 months ago.

The former question is a continuing question for "Alex J. Esq. only".

Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXXX,

Your new question has to be posted as new question in new post and will require a new deposit.

Thanks.
Customer: replied 10 months ago.

You guys have been trying to squeeze more money out of me ever since


i signed up and paid you. The deal was $32.00 for 7 days of unlimited


questions. I have NEVER been able to find ANYTHING on line that


was not a scam. You guys are no exception.


 


Thanks for nothing.

Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXXX,

I have provided with correct and accurate information and I am sorry that you feel the way that you do.

If you are on a 7 day unlimited plan, than you would be able to post your new question and would not have to deposit more money.

I wish you the best of luck!
Customer: replied 10 months ago.

If the nursing home and I can work out some kind of payment plan do I still have to appear in court ?

Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXXX,

Thank you for your follow up.

I will be away from my computer, so I will opt-out of your question and will open it up to other JA legal professionals.

Thanks!
Customer: replied 10 months ago.

Ok.

Expert:  Law Educator, Esq. replied 10 months ago.
Your previous expert has opted out. I am a different expert here looking to assist you.

If you have been served with the summons, you still have to answer the summons in court before the time specified in the summons to answer. Once you do that, you can negotiate with the other party and if you reach any settlement agreement it must be in writing and part of the agreement would be for them to dismiss the suit or file a continuance or stipulated settlement in order for you to not have to appear in court.




Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 10 months ago.

I appreciate all your help so far. Is it possible for you to recommend


an attorney free of charge in Lancaster Pa. I'm on my way to the


the Lancaster office for the aging now to see if they can provide me with a


free or low cost attorney.


 


Question: If a judgement is filed against me what can they do to me ? I have no job due to health problems, no money and I own nothing.


 


If I refuse to pay. Is there other avenues they can take.


 


 

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

If they get a judgment against you, under PA law they cannot garnish wages except for limited circumstances (not that you have a job right now):
  • judgments for child or spousal support
  • obligations relating to final divorce distribution
  • PHEAA student loans
  • back rent on a residential lease
  • as restitution for criminal matters
  • for certain types of taxes

Aside from that, all they can do if they get a judgment would be to hold it to seek to enforce it in the event you get any money in the future, since you have nothing at this time. Of course, you could also consider bankruptcy which would extinguish that judgment and all of your other unsecured debts.

 



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 10 months ago.

Recently I had some surgery at a Veterans hospital. To my surprise


they billed me for the surgery. They are taking money out of my monthly


Social security check. Would bankruptcy extinguish this debt also ?

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Yes, bankruptcy could extinguish that medical debt. The VA debt is a medical debt, but because it is a government debt they can garnish up to 15% of your SS payments.
Customer: replied 10 months ago.

I was pleased with the answers I received from your service.


I am taking your advice and i am going to file bankruptcy.


 


I have canceled your service last week so I would not get any additional


charges. Please do not bill me again.


 


I will certainly use your services again in the future. I would be pleased


to recommend your services to anyone.


 


Thanks.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response and we sincerely XXXXXXXXXX XX.

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