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Home > Reader Questions > I’m Living on Disability. Can My Creditors Take Me to Court? – Deb

I’m Living on Disability. Can My Creditors Take Me to Court? – Deb

I am a single woman only living on 700 dollars a month with credit cards if I dont paid these can the creditors take me to court

can creditors take you to court if you on disablity?

Deb

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  • mike Sullivan

    Deb,

    In our great land anybody can take you to court, so yes, you could get served.

    On the other hand, if your total income is $700 a month it is unlikely that your income will be garnished.

    The law states:

    Title III also protects employees by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives.

    Plus, the first $217.50 earned per week is usually protected and “Social Security and other benefits” are exempt from debt collection.

    You might want to consult an attorney for real legal advice but I would certainly be surprised if your court appearance caused your disability income to be taken.

    Good Luck!

    • http://GetOutOfDebt.org Steve Rhode

      And if the $700 was SS or other public benefit it would be exempt.

  • Dona Collins

    Do you mean you are living on $700 from disability plus credit cards; or $700 total with disability and your credit cards?

    Sadly, yes, I think the creditors can take you to court. You are borrowing their money, and you essentially have a contract to pay it back. Your best bet is to try to make some sort of payment arrangement – even if you make small payments each month.

    Stop using the credit cards or you’ll end up in a deeper hole.

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