Legal Question in Credit and Debt Law in Maine
Debt Collectors
I am on SSI.My income is $637.00 a monthly.I have an old credit card Debt thats in collections.Can I be sued or my pay garnished if I can't afford to pay this old debt?This debt of 4,750.00.
1 Answer from Attorneys
Re: Debt Collectors
You absolutely can be sued. The legal determination that you breached the terms of the credit card by not paying them back is seperate from your present ability to pay. However, once a Judgment is obtained, it will probably not be possible for the creditor to have your SSI garnished. It may be possible, depending on your other assets, for the Court to order that something be sold to pay the debt. However, Maine law exempts most clothing, household items, 5,000 in equity in a car and 60,000 in equity in a residence from Judgments.
If you show the creditor that you are judgment proof then they may chose as a busines matter to not seek a judgment.