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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34259
Experience:  16 yrs. of trial experience
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My husband passed away at the end of last year. I got a

Customer Question

My husband passed away at the end of last year. I got a letter saying I own roughly $ 8000 to an old unsecured debt. I was being garnished 6 years ago. But now I am on disability social security. My husband had life insurance that I have received, by bank levy. The unsercused debt is now trying to take my husband life insurance that I received. Can they take my husband life insurance money from me?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Is there a garnishment order from an Arizona court for this debt?

Customer: replied 1 year ago.
There was 6 to 7 years ago when I was working. Since then I have been placed on social security disability and am unable to work. Just last month I received a call from my bank saying there was a hold placed on my money. I have been doing research and everything I read says that my social security money is untouchable. I have also read my life insurance is untouchable. Is this information true?
Expert:  P. Simmons replied 1 year ago.

Thank you

I am sorry to be the person to bear bad news. Unlike Social Security benefits, life insurance proceeds are not protected from if they have a valid judgment they can be garnished to pay the judgment

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they can not touch the life insurance proceeds but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding

Customer: replied 1 year ago.
Can I file bankruptcy to stop this wage garnishment?
Customer: replied 1 year ago.
I have a lot of debt that is unsecured credit cards credit cards there's there's a Dillard's credit card in my name $207
Customer: replied 1 year ago.
$250 is the amount of the Dillard's charge
Expert:  P. Simmons replied 1 year ago.

Bankruptcy would require you to pay creditors with assets you not sure it would help protect the life insurance proceeds.

But it may be bankruptcy could help extinguish debt after the life insurance is liquidated.

Expert:  P. Simmons replied 1 year ago.

Again, please let me know if you have more questions...otherwise please rate the answer so I may receive credit

THank you for understanding