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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117372
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can a person receiving social security disability be sued or

Customer Question

Can a person receiving social security disability be sued or have a judgement placed on them for medicals bills owed. The hospital was a county hospital and the medical bills incurred in 2005
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
You can absolutely be sued, even if you are on SS, for the medical bills. What cannot be done is that they cannot garnish your SS income to satisfy any judgment obtained against you. However, they could place a lien on any property you own and can seek to seize your bank accounts and you would have the burden to prove the only money in those accounts is solely from SS and nothing else. The best thing to do is open a separate account for only your SS check deposits and do not mix any money in that and then you can prove it is SS income and not able to be seized.

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Customer: replied 8 years ago.

From an article of "Limitations Of The Texas Judgment Lien" Texas exempts your debtor's personal residence from the power of a judgment lien. It's called a "homestead execption." Even though your lien doesn't attach to the debtor's homestead, it does create a cloud on the debtor's title to his home. In other words, you can make it difficult for the debtor to sell his home because your lien creates a question of ownership. Because of this "cloud" you must release the lien as to the homestead. You don't have to do it until the debtor asks you to do so. But, if the debtor asks, you have to release it. If you don't, the debtor can sue you for damages.

Expert:  Law Educator, Esq. replied 8 years ago.
I agree, but the lien can still be placed on private home, but if you noticed I said a lien on any property you own, that means if you own any other property besides your principle place of dwelling, they can place a lien on that and they can also seize bank accounts (as long as they are not solely SS income) and in general they can make your life a nightmare. Now, what you could consider is a bankruptcy if the medical bills are high enough to qualify you, this would prevent them from suing and would discharge those debts in the bankruptcy and of course you could protect your home in the bankruptcy as well.