St Louis, MO asked in Collections and Social Security for Missouri

Q: I'm on Social security disability , my wife is on Social security . What if anything , can the credit card company do.

Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .

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1 Lawyer Answer
James L. Arrasmith
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  • Collections Lawyer
  • Sacramento, CA

A: If you're dealing with a situation where a credit card company is taking legal action against you, it's important to understand your rights and options. Social Security Disability (SSD) and Social Security (SS) benefits are generally protected from garnishment for credit card debts. However, this protection doesn't automatically stop creditors from pursuing legal action to collect what's owed.

You might still be required to appear in court if the credit card company files a lawsuit. Ignoring court orders or summons can lead to judgments against you, possibly allowing the creditor to seek garnishment of other assets or accounts that might not be protected. It's crucial to respond to legal notices and consider seeking legal advice to navigate the situation properly.

In managing this situation, communicating with the credit card company or seeking the assistance of a debt counselor might offer a path to resolving the debt before it escalates further. Many creditors prefer to avoid the cost and time involved in court proceedings if a reasonable payment arrangement can be made. Remember, while Social Security benefits have protections, taking proactive steps to address the debt directly can prevent further financial complications.

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