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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100566
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A credit card company has issued a complaint against me for

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A credit card company has issued a complaint against me for an unpaid debt & I received a summons. There is no court date on it; it just states that "you are hereby summoned and required to appear and defend this action in this court. If served in Arizona, you shall appear and defend within 20 days after the service of the Summons and Complaint". I am living on social security only; already lost my home in foreclosure and don't know where to go from here. If the credit card company gets a default judgment, can they garnish my income?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

If the credit card company gets a default judgment, can they garnish my income?

The answer is no. By "income" I am assuming you mean SSI or SSDI. As such, this money is not open to garnishment by a private creditor.

Under Section 207 of the Social Security Act (42 U.S.C. 407), no private creditor may garnish that money for a private debt. Credit card debt is private debt.

Now, if they get a judgment, they can attempt to attach the money, but they cannot without first filing a special motion in court try this and serve you ahead of time.

If they do, all one has to do is to then reply with an answer and show that the money is SSA, and the Court should prohibit it from being attached.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

I have a part time job, making $1220 monthly to supplement my income. Can they garnish that if they receive a default judgement?


 

M,

Ah, okay. In your original question, you had stated: "I am living on social security only." So I thought by "income" you meant "Supplemental Security Income."

Can they garnish that if they receive a default judgement?

Yes, but very limited. They can take per paycheck:

(1)25% of your non-exempt weekly earnings, or (2) the amount of your non-exempt weekly earnings that exceeds 30 times the federal minimum wage of $7.25. Whichever is less.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 3 years ago.


I have other outstanding debts so I'm sure more summons will be forthcoming. Would it be in my best interest to obtain a lawyer who could possibly help me with debt consolidation?

M,

Would it be in my best interest to obtain a lawyer who could possibly help me with debt consolidation?

Yes. Actually, often, debt consolidation does not require an attorney. The companies work with their own internal one, or without one.

However, if you should choose to pursue this route, only go with a debt consolidation company that has a BBB rating of B or higher, to make sure that they are a vetted company.

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