Can income be levied by judgment? 17 Answers as of September 21, 2011
I received a summons on unsecured credit card debt which due to unemployment I can not pay. Have already lost home and most possessions. I am a widow and collect my deceased spouses social security and half of his pension. At this time I can not afford to file bankruptcy. My car is 11 years old and I currently live in my married daughter's basement.Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereMercado & Hartung, PLLC | Christopher J. Mercado
If you only income is SSI, that will be exempt from garnishment.
Answer Applies to: Washington
Replied: 9/21/2011
Heupel Law | Kevin Heupel
No, social security and pension income cannot be garnished.
Answer Applies to: Colorado
Replied: 9/20/2011
Theodore N. Stapleton, PC | Theodore N. Stapleton
A judgment creditor can garnish wages or simply money sitting in an account but cannot garnish the SSA.
Answer Applies to: Georgia
Replied: 9/20/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If a creditor has a judgment against you it can pursue collection actions. Some collection actions include garnishment of wages or levy upon bank accounts or other assets.
Answer Applies to: California
Replied: 9/20/2011
Law Office Of Magnolia Zarraga | Magnolia Zarraga
It sounds like you may be judgment proof. The creditor most likely won't be able to take anything from you even with a judgment because the little you have can be exempted. Contact a bankruptcy attorney. We all offer free consultations. Most attorneys are willing to work with you on a payment plan. If the price you were quoted was too high get a second opinion, your case based on the facts you give seems like a straight forward bankruptcy chapter 7 which means the fee shouldn't be high. An attorney won't pressure you to file bankruptcy unless it's in your best interest, they should analyze and inform you about all your options. In your case the only reason you might consider bankruptcy is if you have other debt or you are feeling overwhelmed by the creditor calls or collection letters. A bankruptcy will put a stop to all the lawsuits, the collection notices and the phone calls and eliminate all your debt. If you can handle the calls and letters just fine and this is the only debt you owe, then file an answer to the lawsuit and a claim of exemption to protect your assets. You can get the forms online or at your local courthouse's self help center. Good luck.
Answer Applies to: California
Replied: 9/20/2011
Dan Wilson Bankruptcy | Dan Wilson
Your Social Security is exempt from garnishment. The pension is probably exempt. The creditor can sue you and get a garnishment order. He can cause you headaches even though your income is exempt.
Answer Applies to: Colorado
Replied: 9/20/2011
Harkess and Salter, LLC | Stephen Harkess
Social security and unemployment cannot be garnished. Wages, once you are working again, can be garnished.
Answer Applies to: Colorado
Replied: 9/20/2011
Charles Schneider, P.C. | Charles J. Schneider
It is not necessarily true that you cannot afford an attorney as most lawyers will accommodate your low income. I know I do.
Answer Applies to: Michigan
Replied: 9/20/2011
Ashman Law Office | Glen Edward Ashman
They can likely take your pension money, so you cannot afford not to look into bankruptcy.
Answer Applies to: Georgia
Replied: 9/20/2011
Bird & VanDyke, Inc. | David VanDyke
Yes, normally the creditor can garnish wages etc. once they have obtained a judgment. In your case it will be difficult for them as it appears your only income is social security and retirement. A creditor cannot attach this type of income however this does not mean they wont try by levying on your bank account. Bankruptcy will take care of this.
Answer Applies to: California
Replied: 9/20/2011
Law Office of Harry L Styron | Harry L Styron
Your Social Security and pension income may be all or partially exempt from execution, even if the creditor obtains a judgment. If the social security payments are directly deposited into a bank account, then so long as there is nothing else in that account except social security payments, the account is exempt from execution. The pension payments are exempt to the extent of 75% of the amount paid.
Answer Applies to: California
Replied: 9/19/2011
D T Pham Associates, PLLC | Duncan T Pham
Creditors can levy on bank accounts up to a percentage of income of debtor.
Answer Applies to: Texas
Replied: 9/19/2011
Financial Relief Law Center | Mark Alonso
Yes, wages and money can be garnished and levied by a creditor if you fail to pay them. First they usually must sue you, then obtain a judgment against you before they can take these actions. Income such as social security, that is "fixed" is not subject to wage garnishment, or bank levy. However, if you are receiving fixed income, it's recommended to no "co-mingle" this with other income you may have that is not fixed income, such as regular wages, which can make it tricky to determine how much was fixed income and how much was earned wages if a creditor does restrain the bank account. From the looks of it, you sound like you are uncollectible, meaning that you don't have any wages, income or property that the creditors can obtain from you successfully. Therefore, you may be able to avoid the summons all together, meaning do nothing about it, since it may be the case that there isn't anything they can do to you if they actually won the judgment against you. If concerned, you can seek the advice of legal aid or attorney who is willing to do an initial free assessment to specifically determine if this is the case. If you wanted to do your own bankruptcy, you may be able to do so with the help of some self help resources, legal aid, pro bono attorney. The filing fee is about $299, but you may be able to get this waived if you qualify.
Answer Applies to: California
Replied: 9/19/2011
Diefer Law Group, P.C. | Abel Fernandez
You need to file for bankruptcy. You can get rid of the debt in a bankruptcy filing.
Answer Applies to: California
Replied: 9/19/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
There is nothing they can do to you. Keep track of the calls; send them a certified letter with a return receipt telling them not to call you anymore. Keep a copy of the letter and keep the receipt. After that write down every call, date and time. Take a picture of the incoming calls if you can. When you have about 6 months of calls, see a lawyer about an action based on the Unfair Debt Collection Practices Act.
Answer Applies to: California
Replied: 9/19/2011
Law Office of Michael Johnson | Michael Johnson
You can afford a bankruptcy it may take some time, but may attorneys will take payment plans to get you out of debt.
Answer Applies to: Florida
Replied: 9/19/2011














