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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”

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.

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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.
  • Robert Swigert

    Steve,

    I am also in a quandary. I become disabled back in January 2011. I got my back pay in January 2013. At that time I also was forced to file for Divorce. Between me and my wife we had several credit cards. Everything went along smoothly as I would tell them that my only means of income was SSI. But here in the last of July.I received a Summons for being sued by Capitol One and their Lawyers. I called the Lawyer’s office immediately and the main Lawyer handling the case was, gone. But on of her colleagues was there and I explaiind it to him. He told me to send them a copy of mt Benefit of Earnings for this year and my S1099 showing what I made last year. I did this right away but I have not heard anything from them since that time. Did I not follow proper procedures I cannot afford to file anything at the couthouse. I have a lot of medical needs and with rent and living costs so much I cannot make it through the month with just a couple dollars left in account.Please let me know your thoughts on this.

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