Yonkers, NY asked in Consumer Law and Collections for New York

Q: I was just served a summons for credit card debt in NY. only income is retirement benefits and social security.

Will my income be garnished? Will my bank account be frozen? Should I send a letter asking for forgiveness? Or a payment plan?

Related Topics:
3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Answer the summons. Your bank account can be frozen if there is a judgment. You might be able to unfreeze it with an exemption. Do not send a letter. Answer the case. Now that the case is in court, and payment arrangement should be in writing and a court order.

Jonathan David Warner agrees with this answer

Jonathan David Warner
Jonathan David Warner
Answered
  • Albany, NY
  • Licensed in New York

A: Neither of your sources of income can be garnished, but your bank account can still be levied.

If you are not going to hire an attorney to do so, you should definitely.endeavor to put an Answer in on your own behalf. If you don't know how to do so, reach out to legal counsel.

Good luck!

Jonathan David Warner
Jonathan David Warner
Answered
  • Albany, NY
  • Licensed in New York

A: Your income cannot be garnished, as your sole source of income is Social Security Disability benefits. That said, your bank account can still be frozen.

Answer the Summons and try to work out a deal with Plaintiff.

Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.