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I’m a 89 year old woman as of three years ago I quit paying on my three charge cards that I have had for thirty years and paid
Asked almost 3 years ago - Houston, TX
I’m a 89 year old woman as of three years ago I quit paying on my three charge cards that I have had for thirty years and paid faithfuly on. Due to health bills I could not keep up payments and tried to work out lower payments with them, but they refused me. So I stop completely. Now they have filled in court against me for it. My question is can they take my teacher retirement and SS check from me or do I need to file bankrupts, or their other actions that I can take.
Thank you for your time and consideration in this matter.
Sammie Lloyd
Attorney answers (1)
You should definitely consult with an experienced attorney to discuss possible bankruptcy or other options in dealing with this debt.
With regards to your Social Security benefits, these benefits are exempt and are not subject to levy if they are not commingled in an account with other funds. By this, if you keep your Social Security benefits in a separate account, it can be exempt and not subject to the claims of creditors. With regards to your teacher's pension, it depends on your particular state exemption laws.
You should also discuss with a lawyer whether you have any defenses against the credit card claims. Statutes of limitation vary across the country and their claim may be time-barred.
With regards to a bankruptcy filing, this is best discussed with a competent practitioner because it will involve an analysis of your income, debts, and your assets. For example, you may have assets that you cannot exempt and could be sold by a chapter 7 trustee.
Finally, if you do not have assets over and above what you can exempt and subject to levy and your income is not subject to the claims of wage garnishment or other types of levy, you can sometimes do nothing in the face of creditor lawsuits. While doing nothing can be somewhat nerve-wracking for you, it can be a perfectly legitimate response. Again, you should consult with experienced counsel in this regard.
Good luck.
With regards to your Social Security benefits, these benefits are exempt and are not subject to levy if they are not commingled in an account with other funds. By this, if you keep your Social Security benefits in a separate account, it can be exempt and not subject to the claims of creditors. With regards to your teacher's pension, it depends on your particular state exemption laws.
You should also discuss with a lawyer whether you have any defenses against the credit card claims. Statutes of limitation vary across the country and their claim may be time-barred.
With regards to a bankruptcy filing, this is best discussed with a competent practitioner because it will involve an analysis of your income, debts, and your assets. For example, you may have assets that you cannot exempt and could be sold by a chapter 7 trustee.
Finally, if you do not have assets over and above what you can exempt and subject to levy and your income is not subject to the claims of wage garnishment or other types of levy, you can sometimes do nothing in the face of creditor lawsuits. While doing nothing can be somewhat nerve-wracking for you, it can be a perfectly legitimate response. Again, you should consult with experienced counsel in this regard.
Good luck.
