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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I am 68 & retired. i have a 1400/month private pension & 1850

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I am 68 & retired. i have a 1400/month private pension & 1850 ssa as my total income. I have $55000.00 credit card debit. Can I default on this debt yet not have my income attached.

Under Mass. law, private pension plans, if ERISA qualified (401(k), etc.), or private insurance or annuity contracts are exempt from creditor garnishment. Social Security is similarly exempt.

 

Based on your facts, then you could default on the debt and the creditor could not reach your income for payment.

 

Hope this helps.

 

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Customer: replied 8 years ago.
I've only used one credit card and that was on May 5, 2009. I have not used any other card. should I continue to pay this one card and, if so, for how long? Additionally I am paying a bank loan on my car which I plan to continue. Can credit card creditors take my car?

If your car has more than $700 equity, then it can be seized by the sheriff and sold. I can't really tell you how to manage your credit lines. That's more of an financial question.

 

You may want to consider filing for bankruptcy at some point and thereby wiping out all of the debts at once. Then you can start over and not have to think about what the creditors may try next. It won't affect any of the outcomes, because the exemptions are the same in and out of bankruptcy. But, it may clear your mind, and that's worth something. A "no-asset" Chapter 7 runs around $2,500.

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