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Home > Ask The Get Out of Debt Experts > I’m Living on Social Security Disability SSD and Getting Sued for a Discover Card. – M

I’m Living on Social Security Disability SSD and Getting Sued for a Discover Card. – M

“Dear Steve,

Hello. basic history is that I have been working for years in a well paying job as well as my husband having a job. 3 years ago I got sick and became disabled couldn’t go back to work with no income coming in at all for me my husbands income was all we had. 2 months after i got sick he got hurt at work. So now we have only his workers comp to live off of and our savings. we managed to do this for 2 years before i was awarded ssd. By then all of our savings was depleted and the monthly check i get only covers meds and doctor and some food. then I got a summons to come to court from sam’s discover for $x000.00.

should i call them and try to get a payment arrangement. can they try to attach the debt to my checks or our home? will they send this for arbitration?

should i wait till the court date and ask the judge to give me time to work it out?

I really need some help I don’t know what to do at this point.

M”

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The Answer

Dear M,

It seems that you acknowledge you owe the debt. And while a creditor can sue you to recover the debt, then what?

If your sole income is SSD and other public benefits and you have no real assets, the creditor isn’t going to be able to garnish anything. That’s what’s often called “being judgment proof.”

I’d suggest two things:

  1. Use the online benefits finder to check and see if there are any other public benefits you may be eligible for.
  2. You should talk to a local attorney that is licensed in your state about the legal implications of doing nothing and losing the lawsuit.

And you can certainly talk to Discover and try to work something out. Just make sure you don’t over promise a monthly payment you really can’t afford.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

Im Living on Social Security Disability SSD and Getting Sued for a Discover Card.   M
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I'm Living on Social Security Disability SSD and Getting Sued for a Discover Card. - M by

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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