Legal Question in Social Security Law in Massachusetts
I have been sued by my former landlord..He got me for 1800.. My question is since I am on social security disability and welfare and have two kids can a judge throw out the decision that was made by a magistrate.. I just cant afford to pay this man everymonth..I only make 832 a month and my rent is 300 and I have other bills as well...I was told that I am not suppose to pay anything because I am on disability?
2 Answers from Attorneys
This is not legal advice, as do not represent you and I don't know enough facts.
General Rule - the Anti Assignment Act prevents a creditor taking your social security benefits to satisfy a state court judgment, or otherwise satisfy a debt. So he can't take your disability benefits to pay that $1800. That does not mean you don't have to pay rent. If you don't pay your rent, your landlord can evict you.
There may be other reasons you don't have to pay rent - as I said, this is not legal advice - but the fact that you are receiving disability benefits does not protect you from having to pay rent.
Take the appeal.
As far as collecting on the judgemebnt, the court takes into account your ability to pay.
Take paystubs and other evidence to support your financial situation.
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