Being Sued for Credit Card Non-Payment

[fredcdobbs]

What is the name of your state (only U.S. law)? Illinois

Can someone whose only sources of income are payments for disabilities from the Veterans Administration and Social Security be sued for outstanding credit card debt?

[bigun]

Yes, you can be sued.
The judgment creditor won't be able to collect if your income is exempt from garnishment.

[JETX]

Originally Posted by fredcdobbs

Can someone whose only sources of income are payments for disabilities from the Veterans Administration and Social Security be sued for outstanding credit card debt?

Yes, you can be sued.

However, I disagree with 'Bigun' when he said that the "judgment creditor won't be able to collect if your income is exempt from garnishment."
The judgment creditor CAN seize your NON-exempt assets.

And yes, your bank funds would LIKELY be found (by a court) to be exempt due to their source.... but that doesn't mean they can't be seized.

[dfromnyli]

Yes you can be sued, because a judgment against you still can have value to creditors. Do you own any real property? then there will be a lien placed on it. If you are truly destitute and every single asset you own is exempt from garnishment then the judgment can be sold to a 3rd party.

[Antigone*of*Greece]

Originally Posted by fredcdobbs

What is the name of your state (only U.S. law)? Illinois

Can someone whose only sources of income are payments for disabilities from the Veterans Administration and Social Security be sued for outstanding credit card debt?

I think that if you were exempt from being sued then you should be exempt from having or using a credit card as well...dontcha think

[Country Living]

Originally Posted by Wirelessany1

I think that if you were exempt from being sued then you should be exempt from having or using a credit card as well...dontcha think

Just what I was thinking as I was reading his post.

[yyarboro]

Just show up in court and plead your case to the judge. You have nothing to lose. Lawyers count on debtors not showing up so they can get a default judgment, so show up. If the judge finds against you, say that you will file a motion to appeal. That may cause the lawyer to want to settle the case for less.