Legal Question in Credit and Debt Law in New York

My husband is disabled and on social security. I am receiving social security checks also.

We are having financial difficulties and could barely pay our mortgage and utility bills monthly. When that is all done we hardly have money left for food and gas for the car.

Our financial problems are mostly from credit cards because we never have cash on hand. What we would like to know is if we cannot pay these credit card bills, can these companies take our social security checks or put a lien on our house and also could they freeze our retirement monies and our checking account?


Asked on 6/20/11, 4:56 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

can these companies take our social security checks or put a lien on our house and also could they freeze our retirement monies and our checking account?

A. A company may commence an action seeking a money judgment from a court having jurisdiction over you. The judgment creditor may file a judgment lien on the house. However, a judgment creditor may not take money from social security - even if deposited in your bank account. If there is money in your checking account that is not from social security, then the judgment creditor may seize those monies.

Mike.

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Answered on 6/21/11, 5:31 am


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