Legal Question in Credit and Debt Law in Michigan
85 year old w/no assets being sued for $1800 credit card balance
with no assets and only a $1400 social security check being electronically deposited in bank to cover month to month expenses, those total about $1300 will the court award the crcredit card co. anything automatically taken from the $100 left over in account that usually is used up to pay for misc.?
No bills have been sent to defendant in a year, CC co. says the mail kept getting returned to them, which is not realistic. Defendant is somewhat age impared, physically and mentally, confused easily.
2 Answers from Attorneys
Re: 85 year old w/no assets being sued for $1800 credit card balance
You should call the creditor and make payment arrangements on the debt. The credior can get a judgment and garnish your entire bank account balance, not just the $100.00 you have left over each month. If the creditor is unwilling to accept that from you and they obtain a Judgment, you can ask the court for installment payments on the Judgment.
Re: 85 year old w/no assets being sued for $1800 credit card balance
According to 42 USC, Section 407(a) Social Security benefits are exempt from garnishment as follows:
"The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."
If you need any assistance in dealing with the creditors, and/or additional free legal advice, do not hesitate to contact me at www.lawrefs.com.
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