Legal Question in Credit and Debt Law in Pennsylvania

Social Security or Social Security Disabilit (SSDI) is not subject to garnishment if the judgment is for something like a credit card debt. Banks will protect Social Security, at least up to 60 days' worth. Make sure that your Social Security money is direct deposited and that the money from SS is not commingled with non-Social Security/exempt funds belonging to your or anyone else. You do not tell me your circumstances. Do you own land? A car? Household items? Are you married?

The next step is the creditor is going to try to enforce the judgment. Who is the creditor? Who is the law firm representing them? Many creditors will settle for a fraction of what is owed depending on your circumstances. Settlements can range anywhere from 30% to 80% for most unsecured debts. I would suggest that you start saving up to hopefully resolve at some point. Judgments last on personal property for enforcement purposes for 20 years and on real property for 5 years (and this can be renewed). So you are going to have to resolve this at some point.

The creditor will first look for bank accounts. Make sure your bank is aware that you only get Social Security money. Once the creditor comes up empty, then the creditor may send you post judgment interrogatories (a series of written questions). They may also try to collect out of any other assets you own free and clear, like a car or household items if you are not married. Pennsylvania has no exemption for household goods, land or a car.

I have found very few creditors who refuse to work with me. What I do for my clients in some cases is write to the creditor to advise them that my client has nothing but wants to resolve the debt. I don't know if it always works, but it seems like the creditors will wait a bit. It gives my clients time to build up some funds. If you started saving $100 a month, in about a 1/2 - 2 years you would probably have enough to resolve, depending on who the creditor is.

If you take steps to protect your Social Security and have few assets, chances are that nothing further will happen. If you get served with post-judgment interrogatories and need help, let me know. I can help for a small fee. Email me at [email protected] if interested.