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Can a credit collections lawyer collect an old debt from…

Can a credit collections...

Can a credit collections lawyer collect an old debt from your disability check if that is your only source of income?

Lawyer's Assistant: What state is this in? And when did the issue begin?

Hawaii. The account was transferred to a collection company in Nov. 2011 and then over the years it ended up with law firm that was retained by the last collections office and they filed a judgement.

Lawyer's Assistant: What steps have you taken so far?

Since served in 2015, I had been paying $ 20.00/ Mo., Now, they want $25.00 a month. I also pay another attorney's office $25.00 monthly he threatened to take me to court that's s why I had no choice but to start paying them since 2011. I also pay another a

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know is it their legal right to take my disability money ....my ONLY INCOME??

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Answered in 3 minutes by:
3/23/2018
RobertJDFL
RobertJDFL, Attorney
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good afternoon,

No, generally, a bill collector cannot garnish your Social Security disability benefits -- neither SSDI (disability insurance) or SSI (Supplemental Security Income). Your disability income is exempt from creditors, subject to a few exceptions. he federal government can garnish your Social Security disability benefit to recover money owed to it, such as back taxes or defaulted student loan payments that have been guaranteed by the federal government. Additionally, your SSDI disability benefit can be garnished to recover back or current child support obligations. If you receive SSI, it cannot be taken to pay even child support, student loan payments, or unpaid taxes.

It doesn't mean a creditor cannot sue or get a judgment, however. A judgement is good for years (and often can be renewed again) so that if your financial circumstances were to change, for example, they could begin collection efforts at that time on the judgment. You may want to notify this creditor that you are "judgment proof" with no assets and no collective income, as your sole means of support is disability.

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Customer reply replied 3 months ago
I have been on disability all these years, yet having toto pay these creditors. I can't even buy medication,or go to the doctor because I don't have enough money for gas because I pay them furst

You can tell them upfront when they call you that you only have disability and are judgment proof. If they sue you, they sue you, but they cannot take disability income.

RobertJDFL
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