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Ok, so what can they do to me?

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    Ok, so what can they do to me?

    What happen's if I just quit paying my credit cards? I draw Social Security and VA disability. I lease a car, don't have any equity in my home. And in Washington there is a 125K homestead act. I know they will call me each day but I can take care of that so yes they will get a judgement against me. I know my credit will be in the toilet. Ok, so what can they do to me?

    #2
    Seems you are uncollectable, meaning they cannot garnish your SS or VA benefits. In the event you were able to work, I would worry about garnishment.
    Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

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      #3
      You are "collection proof". However, this does not in any way mean that they won't TRY or even be SUCCESSFUL in tapping into funds in your bank accounts. If it gets to a Judgment, you need to assert that the funds are protected benefits from SSA and the VA. Some States have forms for this.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #4
        Yes, you are collection proof. But they still could seize your SS and VA benefits once they hit your checking account. Why not sign up for the SS debit card to save yourself some grief?

        Originally posted by DYLAN150 View Post
        What happen's if I just quit paying my credit cards? I draw Social Security and VA disability. I lease a car, don't have any equity in my home. And in Washington there is a 125K homestead act. I know they will call me each day but I can take care of that so yes they will get a judgement against me. I know my credit will be in the toilet. Ok, so what can they do to me?

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          #5
          They can call your neighbors and your relatives.

          I had one collector who would start calling 6:30 AM and start using the F word and using such expressions as "Why don't you go kill yourself?"

          Finally the day came and I told her not to call early in the morning and not to use profanity and talk stupid. Sure enough, she called the next day.

          About a half hour later I was at her place of work asking for a manager. She stopped calling. I later checked my credit report and the charge was on my report. I contested the charge and asked for all the billings. It turned out I didn't underpay but was overcharged. The dentist owed me!
          Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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            #6
            Found this in regard to taking S.S. from bank accounts.
            If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).

            Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.

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              #7
              Dylan, it's a defense, but it doesn't stop them from doing it. That's the real problem.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment


                #8
                what is a social security debit card?

                Comment


                  #9
                  Originally posted by justbroke View Post
                  Dylan, it's a defense, but it doesn't stop them from doing it. That's the real problem.
                  You got that right, JB. Once pulled, it is a long month to get it returned inclusive of some legal expenses. I believe that the account used ONLY for deposit and expenditures, with the forms you mentioned would be pro active instead of harmfully reactive. 'Hub
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                  Comment


                    #10
                    Originally posted by merime View Post
                    what is a social security debit card?
                    Its a MasterCard debit card for SS and VA pension money for those who do not have a checking account or wants to separate their exempt money to protect.

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                      #11
                      As a rule of thumb, never leave any money in a checking or savings account once someone files a lawsuit against you. And to avoid bank charges for being overdrawn and for responding to the garnishment paperwork that will be served upon them, it is best to actually close all checking and savings accounts once a lawsuit is filed against you. The SS debit card is definitely the way to go.

                      But until someone sues you, you don't have to worry about it.

                      I would inform them in writing (when you put it in writing, it is more likely to reach someone who actually has some decision making authortiy, rather than the idiots on the phone) that you are judgment proof (some call it "collection proof", but I like the term "judgment proof" better because all debt collectors are familiar with that term and know what it means), and explain why you know you are judgment proof, so they will know you are a waste of time to come after, and it may even cause them to not bother wasting a lawsuit on you. I think it has helped me keep from getting sued by most of my creditors. They don't even pull my credit report anymore. They have given up on me.
                      The world's simplest C & D Letter:
                      "I demand that you cease and desist from any communication with me."
                      Notice that I never actually mention or acknowledge the debt in my letter.

                      Comment


                        #12
                        Originally posted by jacko View Post
                        Yes, you are collection proof. But they still could seize your SS and VA benefits once they hit your checking account. Why not sign up for the SS debit card to save yourself some grief?
                        Hmm. I wonder if this is why we didn't see the VA benefit for this month, come to think of it, for two months...filed end of August, and now that I look more closely, the automatic deposits didn't come in September nor October.

                        It may be entirely unrelated, but based on previous posts it might be normal after filing BK?

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