I filed an exemption against garnishment because I received SSI for my daughter who is disabled. The creditor said that because it's my daughter's SSI, that doesn't qualify for the exemption. I however disagree, my wages are what determine her SSI amount. So, if my wages are low enough to qualify and receive SSI payments, how is it not exempt?
1 Answer from Attorneys
You should never expect any attorney who represents an opposing party in a lawsuit to act in your best interest. Attorneys are ethics bound under the WI Supreme Court Rule to zealously argue for the best interests of their own clients, which are usually contrary to yours in collection cases. All attorneys are trained in law school to argue and understand either side of any issue, depending upon whom they represent, so accepting the other side's reasonable arguments is just not their job; rather that is the job of the judge in the case. He or she serves as a neutral referee who picks the winning argument in the American adversarial legal system, after the opposing attorneys present those arguments in a trial or other contested proceeding in open court. You therefore would be further ahead if you presented your arguments to the judge than to opposing counsel, and to make sure that those arguments are properly researched and present (since you only get one try). You should really attempt to secure an attorney, but I understand that you may not be able to afford one. If you are considering it, however, that should probably be a bankruptcy attorney. They can give you more "bang for your buck," by resolving all your general unsecured debt in one fell swoop, via the awesome powers granted to Bankruptcy judges under the United States Constitution to forgive debts which you cannot afford to pay. Most bankruptcy lawyers offer reduced rates for low income clients whose cases are simple. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email email@example.com) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/jknixon, . Answers may contain attorney advertising materials..
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