Can they take me to court for money owed? 7 Answers as of November 18, 2013

I borrowed $300 over a year ago. They say they are going to serve me papers and take me to court. I am 64 years old, no job and get $400 a month on SS. Can they do this?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Sure, if you owe money they can sue you. They have to prove there case in court.
Answer Applies to: New York
Replied: 11/18/2013
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
A creditor can file a lawsuit against you. However if they do receive a judgment against you, your social security income is exempt from garnishment.
Answer Applies to: Florida
Replied: 11/18/2013
Kevin H Pate
Kevin H Pate | Kevin H Pate
Can they? Yes. Can they collect on the judgment? Not likely. If your sole income is SS, it can not be garnished for a consumer debt. If you get other funds from family or friends, do not mix those funds in the same account as the exempt SS funds. If you have non-exempt property, they can seek to have it sold, but there are limits on this as well. If you are in OK, you are welcome to contact me for additional information. Or, you may choose to contact counsel in your immediate area.
Answer Applies to: Oklahoma
Replied: 11/18/2013
Law Office of Stuart M. Nachbar, P.C.
Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
Yes, they can take you to court but collecting will be difficult.
Answer Applies to: New Jersey
Replied: 11/18/2013
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
A person whose sole source of income is social security and who has no real estate or significant personal property is probably un-collectible. A creditor still has the right to obtain a judgment and can try to collect it for about 20 years. If the debt is an internet payday loan, check if the lender is licensed in Illinois. If they are not, the loan is not enforceable and you owe nothing.
Answer Applies to: Illinois
Replied: 11/18/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Why not, they can get a judgment, which does not mean its collectible.
    Answer Applies to: Michigan
    Replied: 11/18/2013
    Scott Goldstein | Scott Goldstein
    Unfortunately, you can be sued for money owed. You may be, however, what is called "judgment proof". This means that even if they get a judgment there are no assets from which the creditor can collect as SS money is exempt from garnishment.
    Answer Applies to: New Jersey
    Replied: 11/18/2013
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