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Can I Be Sued For My Debt If I’m Disabled? – Remonica

“Dear Steve,

I was working pay my credit card bill then I got sick and wasn’t able to go back to work now I get disability and now they have taken me to court.

I was wondering if they could garnish my check.

Remonica”

The Answer

Dear Remonica,

I am not a lawyer and can’t give you legal advice. You would need to speak to an attorney licensed in your state for legal advice.

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In my experience being disabled is not an exception to prevent anyone from being sued over a debt. But people often talk about someone on disability being “judgment proof.” This means after the creditors sues you and goes on to win a judgment against you then your disability income would not be able to be garnished.

It’s not clear if this debt is part of a larger pool of debt you owe. If it is then maybe a reasonable solution is to not address just this one debt but instead consider filing bankruptcy.

That would at least close the door on all the debt and allow you to focus on doing better as you move forward in your life.

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.

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