Legal Question in Credit and Debt Law in Minnesota

being sued by bill collector

I recently received a summons for an old credit card bill from 2002. I am a young widow with 2 small children and my husband died in Jan of 2003. We were in the midst of filing for bankruptcy when he suddenly passed away on the day of our court hearing. I was unable to go through with the bankruptcy and it was dismissed. I have been unable to pay these bills. I live solely on social security. I can't pay this bill. Even a few dollars a month. I am not making it is it is. Can my social security be taken away? Can my bank acct be frozen? Can they take my house? It is a $9000 credit card balance.

What will be done to me? I am a nervous wreck.


Asked on 12/01/06, 5:45 pm

2 Answers from Attorneys

Sam Calvert Calvert Law Office

Re: being sued by bill collector

I live solely on social security. I can't pay this bill. Even a few dollars a month. I am not making it is it is. Can my social security be taken away? Can my bank acct be frozen? Can they take my house?

Social security proceeds are exempt under federal law. Your home is exempt so long as it is located on a lot of less than one-half acre (160 acres out in the country) and you have less than $200,000 of equity in your home. The only issue I see is that a creditor may freeze your bank account; you would need to fill out a form (a "garnishment exemption notice") to get the funds unfrozen; if your bank returns checks in the interim there might be a returned check fee, even though you should not lose any Social Security proceeds to the creditor. I suggest that you write them, tell them that your only income is Social Security money, and that you cannot possibly pay any part of their debt. They can likely sue you, and get a judgment, but they cannot seize assets the law declares as exempt. Look at www.leg.state.mn.us for Chapter 510 (homestead exemption) and Section 550.37 (most other personal property exemptions under state law). If you are that broke you might contact your local legal aid program to see if they will work with you Good luck

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Answered on 12/03/06, 11:11 pm
David Anderson Anderson Business Law LLC

Re: being sued by bill collector

Likely they will NOT sue since it is a relatively small amt (for a CC company).

I may be able to negotiate a large reduction in the bill by threatening BKY or simply setting out the fact that you are virtually JUDGMENT PROOF.

Call or email for further assistance. I would need to see all current bills, notices etc. and last checking acct statement.

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Answered on 12/01/06, 8:29 pm


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