Legal Question in Credit and Debt Law in Pennsylvania

i am being sued by a credit card company. i am 66 years old and on old age disability...what can i do

Asked on 4/27/12, 11:24 am

2 Answers from Attorneys

Why do you need to do anything? Depending on your circumstances, it may make sense to do nothing.

Social Security is exempt from garnishment for a credit card debt. Do you have other assets at risk? Judgments are a lien on real property. Unless you own real property free and clear and have no plans to sell or refi, then your home probably is not at risk. What about cars?

Just make sure that your Social Security funds are kept in a bank account and is not commingled with non-exempt funds of another person.

If you want to more specifically discuss your situation and options, please contact me at [email protected]. I give free email consults. I charge $50 or a 30-minute phone consult. I also can resolve debts for a reasonable fee it you have the means to do that.

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Answered on 4/27/12, 11:58 am
Andrew Solomon Law Office of Andrew A. Solomon

Also, if you are married and the credit card was in your name only, they cannot touch assets held jointly with your wife. Also, their is a 4 year statute of limitations in PA which begins to run from the date of your last payment. If you haven't used or payed the credit card in a while, the statute of limitations might have run. If you do have personal assets, and the debt is relatively small (less than $5,000) you should go to the hearing and try to work out a very small payment plan with the credit cards lawyer.

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Answered on 4/27/12, 1:41 pm

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