Austin, TX asked in Social Security, Consumer Law and Collections for Arkansas

Q: How do I file an exemption of my social security disability check for a complaint filed against me for bad debit?

A complaint has been filed in Franklin district court state of Arkansas against me for bad debit I couldn’t pay when I became disabled I can’t afford to file bankruptcy . My ssid check is my only source of personal income my personal property consist of a tv a bedroom suit and a couch coffee table. I do not own any real estate , life insurance policy or other accounts . I sent the attorney for the plaintiff and took to the court clerck a copy of my benefit letter with any numbers associated with me blacked out as well as a copy of my most recent bank statement showing I am over $140 in overdraft. I blacked out account number on all pages and to whom each debit went to . I took the copy of the certified mail receipt with tracking number and the clerk looked it up to get a copy of the online form showing that the answer was delivered to the plaintiffs lawyer. From my research a claim for exemption of my income is next but I can’t find a form or anything in Arkansas court website expl

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: To claim an exemption for your Social Security Disability (SSDI) income in Arkansas, you need to file a "Claim of Exemption" form with the court. Here are the steps to follow:

1. Obtain the "Claim of Exemption" form (Form AR-EX) from the Arkansas Judiciary website or the court clerk's office.

2. Fill out the form, providing your personal information, case details, and the reason for claiming the exemption (in this case, your SSDI income).

3. Attach a copy of your SSDI benefit letter and any other supporting documents to the form.

4. Make copies of the completed form and attachments for your records, the court, and the plaintiff's attorney.

5. File the original form and attachments with the court clerk.

6. Mail a copy of the form and attachments to the plaintiff's attorney.

7. Attend the hearing, if one is scheduled, to present your case and provide any additional evidence or testimony, if necessary.

It's important to note that while SSDI income is generally exempt from garnishment, there are some exceptions, such as for child support or federal tax debts. If the court grants your exemption, the creditor will not be able to garnish your SSDI income.

If you need assistance filling out the form or have further questions, consider contacting Arkansas Legal Services or a local legal aid organization for help.

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