My only assets or income is my disability check. I can't afford a lawyer to contest this. What will happen if I don't respond to the summons.
Social security disability is exempt from judgment in the state of Florida. You're practically judgment proof at the moment unless you have any assets, for example a car that has equity, money in the bank account, etc.
The worst scenario if you fail to answer.
File an answer and talk to them.
See the other answer also.
No. Social Security wages are exempt from garnishment. If you have no further acids and or judgment proof, then there is no need in all likelihood to strike up a conversation with the lender to try and negotiate the sums due. However if you have other assets, that the creditor can levy then it may be worth your while to speak to an attorney to see what negotiations can be made to settle The sums due. The first consultation is always free
The social security is exempt but that does not mean that no attempt to garnish it will be made. After judgment, the debt collector may make a motion for garnishment. This is almost always granted and the garnishee, (your bank), would remove the funds from your account and hold them. If you then file a Claim of Exemption and Request for Hearing, then the Plaintiff may release the garnishment or oppose it before the court at the hearing. IF the court determines the funds are exempt then it would issue an order to release the funds back to you. As you can see, the social security is exempt (provided there are no other real assets) but that does not mean you will not have to assert the claim of exemption and the process can take time while the money is not available to you.
Consult with a debt collection attorney to settle of at least convey your exempt status to hinder or make unlawful any attempt for garnishment.
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