Legal Question in Bankruptcy in Tennessee
I am disable, before becoming disable, I had a few credit cards with balances. Since then they have gotten judgment on me and not have touched my disability SS. I only get $388.00 a month SS Disability and $92.67 a month SSI.
when I turn 60 years old ( in 2 years) I can draw from my husbands SS, which will be more money. My question is can they get part of my SS money since they have judgment against me? Should I file bankruptcy?
1 Answer from Attorneys
Social Security payments are exempt from the claims of creditors. It's not likely you'd need to file a bankruptcy if this is the only money you receive. If family helps you out you may want to put that money (family help) into a separate banking account so you don't have to fight over whether the money in the account is SS money. You might also file a paper with the court where the judgment was obtained "claiming an exemption for all personal property you own" because they are worth less than $10,000 (assuming that is the case) and all monies received because those monies are payments for Social Security.
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