Legal Question in Credit and Debt Law in New Hampshire

Wife and I are boyh over 70 and are in poor health. Paying all our bills leaves us with not enough money to provide food and medical expenses. Our only income is direct deposited social security. If I read the statues correctly, this income is not attachable. Can I just inform the creditors and stop paying the payments with no consequences?

Asked on 4/05/17, 5:19 pm

1 Answer from Attorneys

John Skinner, III Associated Attorneys of New England

Yes, and no. Once the funds are deposited in the Bank account, and remain there, you are at risk for attachment- whether lawful or not. And also if you just stop paying paying, some creditors will eventually sue you, and then you will have to respond by proving your only income and assets are exempt. So there will be consequences, even if ultimately you can prove that your essentially "judgment proof." However, if you DO stop, please know that certain laws protect you from unlawful debt collection harassment. Such as the FDCPA, TCPA, and RSA 358-C. If you begin receiving harassing calls in collections, please contact us for help right away.

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Answered on 4/06/17, 6:34 am

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