Legal Question in Civil Litigation in Florida

can a creditor sue anyone who is on disability or social security? and finish our elderly's life savings.


Asked on 7/07/11, 6:20 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Being on social security or disability does not exempt you from lawsuits. You can still be sued, and you can still be subjected to the same judgment a younger, able-bodied defendant would get under the same circumstances. You do not have a get-out-of-lawsuits-free card. If the law worked that way, the elderly and disabled would have a perverse incentive to violate other people's rights knowing they could not be held accountable.

Your circumstances might make it a lot harder for a plaintiff to collect any judgment, though. If so, a potential plaintiff might decide not to bother suing you. Or he might decide to settle for a fraction of his claim. (I say "might" because there are wealthy people on disability and/or social security; in most circumstances their wealth would be as accessible to a judgment creditor as anyone else's.)

A judgment creditor cannot take everything from you, though they may be able to take a lot. There are limits on what assets they can reach. Depending upon your circumstances and the nature of the judgment, you may be able to eliminate some or all of it in bankruptcy court.

You may want to consult a financial planner about ways to increase your protection against judgments.

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Answered on 7/07/11, 6:36 pm
David Slater David P. Slater, Esq.

Certain assets are exempt from judgment in Florida. Speak with your attorney.,

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Answered on 7/08/11, 4:45 am
Angelo Marino Angelo Marino Jr. PA

See my website about what they can do under garnishment. You seem safe, but consult a consumer lawyer in your area if you need help. See www.ConsumerLawyerHelp.com

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Answered on 7/08/11, 6:06 am


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