Legal Question in Credit and Debt Law in California
I owe money on a dental credit card , which I cannot pay...no money. I am on permanent disability and SSI. I just got a summons this week; the collection agency for that credit card, is taking me to court. Can the judge force me to pay when it would mean I'd end up homeless?
I have no other income. Am I judgment proof while on disability?
1 Answer from Attorneys
Without more information, it is not possible to say that you are judgment proof. If, however, your SSI is deposited into a bank account electronically (i.e., you don't receive a paper check from the Social Security Administration), then the funds in that account are exempt from levy as long as the balance in the account at the time of the levy does not exceed a certain level (there are a series of levels depending upon how many people are on the account who receive benefits). The code section is CCP �704.080, and you have to make a claim of exemption when they serve a levy on your bank. As for any other assets you have, it is impossible to say if they are or are not exempt from levy by the credit card company. Your best bet is to attempt to work something out with them.
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