Legal Question in Credit and Debt Law in California

If I have lost my job, only receive SSI, and can't even afford to file Chapter 7, what can my credit card companies do to me. I have no assets and a minimal checking account.


Asked on 12/08/10, 2:07 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

The creditors can call you. They can write to you. They can sue you and obtain a judgment. With a judgment, they can record and abstract of judgment which creates a lien on all property you own in the County in which it is recorded. They can also obtain a levy against your bank accounts, though the balance a single bank account may be exempt if your SSI is electronically deposited into that account. They can also force you to Court periodically for what is referred to as a judgment debtor exam, in which you will have to answer questions under penalty of perjury. Finally, the judgment is good for 10 years, and can be renewed for another 10 years. While you may feel judgment proof, the truth is that you need to have a better strategy than sitting back and doing nothing. Consult with a bankruptcy attorney, as most offer a free initial consultation and may at least be able to help formulate a plan to deal with your debt.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 1/10/11, 1:31 pm


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