Legal Question in Credit and Debt Law in Wisconsin

i lost my job due to illness. a credit card co has a judgement against me for $24000.00. can they take my state and fed disability? i have no other source of income.


Asked on 8/02/11, 4:30 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Usually, social security disability checks cannot be garnisheed except by the IRS or other federal agencies to whom you might owe money. However, as with all legal matters, you must stand up for your rights and defend yourself if anyone attempts to do so, or it is certainly possible that they could succeed in garnisheeing even social security disability funds. The same applies to worker's compensation disability payments. Private disability insurance payments (or employer sponsored disability insurance) is far more likely to be garnisheed, so if you are getting either of these, you must aggressively defend yourself and consult with an experienced bankruptcy lawyer. Other than certain government debts, student loans and debts related to crimes you may have committed, most consumer debts are fully dischargeable in bankruptcy, yielding a permanent court order against your creditors to leave you alone due to the debt, including your $24,000, has been legally forgiven. (However, some judgment liens can sometimes effect any real estate which you own after bankruptcy if not properly addressed after the bankruptcy is concluded; please therefore consult with your bankruptcy attorney if you own real estate.) If creditors violate this order, they can face severe penalties and can also be ordered to pay your legal fees. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically for you. Instead, you should retain a lawyer in order to meet your legal needs since I will be taking no action on your case. You are welcome to contact my Racine, WI office for further discussions at 262-633-3090, [email protected].

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Answered on 8/03/11, 7:33 am


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