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I'm being sued for not paying a credit card. What is exempt property in Texas. Can they put levy on checking account?
Houston, TX
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Posted 3 months ago in Debt Collection
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I am a 61 year old woman being sued for non payment on a credit card (4000). I received a petition stating they were going to file a default judgement on me if I do not pay. I am disabled and have not been able to work in 4 years. I own my home. My only income is SSI which is $674 a month. It is "direct deposit". What assets are considered exempt/protected. What assets are considered "non exempt" assets? Can they place a levy on my checking account? I barely have enough money to pay my utility bills as it is. I cannot pay this bill. Should I close my checking account? If so, how would I receive my SSI check monthly? I'm in a really bad situation with no way to get out. I cannot afford bankruptcy.
Answers (1)
Shawn B Alexander
This attorney is licensed in Washington.
Posted 3 months ago.
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Your SSI income is exempt and the funds that are from SSI are protected as well. You will need to consult with a lawyer locally about state protection.
Start keeping a detailed log of all calls and letters. You should also demand in writing all communications from creditors is in writing. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. If you are going to make payments use money orders and not personal checks or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department. Get written confirmation of any payment plan the agency will accept. I do not practice in your state and you will need to consult with a local lawyer for protection under your state law. I have pasted a link to the FDPCA to help you with your federal rights; http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf Good Luck |
