Orlando, FL asked in Consumer Law for Florida

Q: served with Notice to Appear for pretrial conference for a debt of credit card to fifth third bank. How can we settle?

My mother is 79 only received SS. She is scared they will take her monthly check. How can we settle before going to court. We don’t have lot of money but she is scared

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2 Lawyer Answers

A: Social Security payments are exempt from garnishment.

Phillip William Gunthert agrees with this answer

A: Many assets are protected in Florida, Homestead and Social Security amongst other things, while you can try to settle and get on a payment plan with them on a monthly basis, it is also just as likely that they will not be able to do anything to her as she will be exempt from garnishment or collections even if they do get a judgment. You can check with local legal aid in your county or consult with a debt attorney or any attorney that handles these matters and they will be able to advise and explain the protections and limits of collections, do not allow them to fearmonger her, you or your family.

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