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Bill F.
Bill F., Paralegal
Category: Legal
Satisfied Customers: 2243
Experience:  State Paralegal - 10 Years Hands on Legal Experience
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If I am on full disability,aftercourt judgement what can be

Customer Question

I got way behind on my credit cards because of my disability amount,Discover sued me and got a judgement on a non-oral hearing.
Submitted: 9 years ago.
Category: Legal
Expert:  Bill F. replied 9 years ago.

If you are collecting disability from Social Security then all Discover can do file the judgment that they have against you in county courthouse and attach it to any property you have. Should you ever sell that property the judgment would have to be paid when you sell it. Under Federal Laws creditors can not touch your social security disability payments or any money in the bank that you have saved from those payments. If you are collecting private disability from your insurance company they can try to garish that but is limited to 25% of your disposable income from the disability provided that income is not less than 30 times minimum wage in your area (so if minimum wage is $7 per hour - then $280 per week would be protected). They will keep trying to push you to pay more and they know the laws on disability but that won;t stop them from trying to collect aggressively and pretending as if they do no know the laws. If you have problems making proper arrangements with them you need to contact the Federal Trade Commission Dept. of Consumer Affairs and report their collection practices. Also by law you can demand that all communication be in writing (you do this by sending them a certified letter informing of your decision to exercise that right) and this also protects you in regards XXXXX XXXXX "offers" and "negotiations" you get involved in.

 

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