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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17248
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If your only income is your sociall security and work retirement

Customer Question

If your only income is your sociall security and work retirement income and your not able to pay your credit card debt, can the credit card company garnish either of these incomes. i have heard the credit card company can take you to court and have a judgement filed against you. The only possession i have is a 2004 Infinity which I got 2 1/2 years ago when my wife passed away.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 4 years ago.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Your SS income is exempt by law and cannot be attached. And you are allowed to keep your car. However, that does not prevent a creditor from getting a judgement. Likewise, if your retirement income goes into a checking or savings account, that income could be attached.
Customer: replied 4 years ago.

Should I have my social security ck and my retirement ck sent to my home address. And should I possibly put my car in someone elses name?

Customer: replied 4 years ago.
Relist: Other.
I would also like to know if I should have my social security ck and my work retitrment ck sent to my house . nd also have the automobile put in someone elses name. If a judgement is filed against me by the credit card company what does that mean and how long does that judgement last.
Expert:  WALLSTREETESQ replied 4 years ago.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

It may be best to have your social security sent to your home, however even if deposited into a checking account a garnishment is rare, as long as you do not put other non exempt income into the account.

If their is a judgment against you, they can collect against any personal assets, and can last 20years. Florida Statute 55.081 states that judgments are good for 20 years.