Legal Question in Credit and Debt Law in Oklahoma

can a credit card co take my social securty check on a card thati can'tpay this is my only income and they are saing the will take my house and put me in the street as wel ass my check.i am on o2 24-7 i am dieing from kidney failur,heart failure as well as liver failur i just have our little house no assets can they do this to me ?or do i just go out in the street anddie


Asked on 6/06/10, 1:55 pm

1 Answer from Attorneys
Kurt Kennedy Kurt M. Kennedy,Attorney at Law

Collection agencies are notorious for making misleading and unfounded claims in an effort to induce individuals to send them money they would otherwise be unable to collect. Given the circumstances you describe, the credit card company can not take your social security benefits or your home.

Pursuant to the Federal Fair Debt Collection Practices Act you can prevent the creditor from calling and harassing you further by sending them a certified letter demanding that they cease all further communication. Doing so does not prevent the creditor from suing. However, if your only income is social security and you do not have any non-exempt assets, (your home is exempt) you are what is know as "judgment proof". I recommend that you speak with an attorney who is familiar with all your specifics and can advise you on your best path to take.

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Answered on 6/07/10, 7:52 am


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