Legal Question in Credit and Debt Law in Wyoming

collection agency and the disabled

I am disabled due to a mental illness and receive less than $500. total per month from SSI and disability. I have been recieving calls from collection agencies for debt (less than $2000.) incurred from while I was out of work and applying for disability. Rent, utilities, and food expenses take up over 3/4 of my monthly check. I have told the collection agency operators numerous times that I am on disability and my situation. Now I am recieving letters threatening legal action. Since I don't have the money to pay them I obviously can't afford a lawyer and feel threatened and scared. I had heard that in my situation with low disability income I can't be held responsible. Is this true, and if not what recourse do I have. Thank you.


Asked on 3/16/04, 11:15 pm

1 Answer from Attorneys

Billie Ruth Edwards Edwards & Johnson, Attorneys, LLC

Re: collection agency and the disabled

No, it is not true. You are always responsible for your debts. What you may be, however, is what we call "judgment proof".

In other words, if a creditor does obtain a judgment against you, there may be nothing of yours which it may seize to satisfy that debt. Depending on the facts, your bank account may be seized to satisfy a judgment, and the creditor may foreclose on your home or seize other assets not protected by law.

If you are sued, you should consult Legal Services concerning help with your defense. You might also look into finding a non-profit agency to help you settle the debt.

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Answered on 3/17/04, 5:17 am


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