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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102379
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been severed regarding a default on a credit card

Customer Question

I have been severed regarding a default on a credit card under $10,000. I have no assets to my name and on social security disability. I do have other credit card and a unsecured loan that may follow suit. If a judgement is obtained what could happen? I have nothing and you cannot garnishment my social security correct? Just need to see what I should do.
Submitted: 7 months ago.
Category: Legal
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. A judgment creditor (someone who has a judgment against you) can do the following to enforce a judgment:

1) Levy a bank account;

2) Lien titled property;

3) Garnish up to 25% of your paycheck;

4) Attach non-exempt property and sell it off for judgment.

5) This can also negatively affect your credit.

HERE is what is exempt from judgment, meaning it cannot be touched. SSI and SSDI also cannot be touched by private creditors (one can file a claim with the Court to stop any levy of that money if this is attempted).

Ergo, assuming that there are no real assets and/or whatever exists is exempt, there is nothing really the creditor can do except the judgment may hurt your credit score.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).