No, SSDI is not garinshable for credit card debt. If you have been summary ns to court you should attend the hearing, especially if you do not believe the debt is valid, the amount they are claiming you owe is accurate, or if the last payment you made was six or more years ago and the statue of limitations has passed.
iN general no, these benefits are exempt income. There are some exceptions, but if this is simple credit card debt you should be OK.
This is not to be considered legal advise and i do not represent you absent a signed agreement. No serious legal question can be answered on a question board like this., and you can not rely on a casual answer to a possibly complex question. There are always facts that are not stated, and clarifying questions that need to be asked. Please see a competent lawyer to get a real answer to your question that takes into account all relevant factors.
CAN they do that, legally? No. the SSDI income itself is exempt. COULD this still happen to you if you aren't careful? Yes. If they attach your bank accounts and the Banks are asleep at the wheel regarding the protected status of the funds, you could lose your money, or at least access to it for some period of time. If you have a large savings of SSDI money, or if you transfer the funds, deposit cash, etc.- you might find it gone to trustee process. You must be vigilant to protect your rights. If you are being harassed by debt collectors, you should contact an attorney to see what they can do to help you.
This is not legal advice, but legal information only. This may be considered Attorney Advertising and if so, it is hereby labeled as such, and Attorney John F. Skinner, III is responsible for its content. I am licensed to practice in MA & NH and admitted to the Federal Bar in both States and the Eastern District of Texas.
No, they cannot. Your SSDI income is exempt from garnishment pursuant to 42 U.S.C. Section 407.
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
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