Can you garnish social security?

[shorti1]

What is the name of your state? DE
My dad had received a summons for a credit card account that he never had. it had charges on it apparently and never got paid. the account is from 1999 and closed in 2000 or 2001 and some how there was an arbitration in 2003. what can he do? he has no income except social security and is barley taking care of his own credit debt. apparently its way to old to even call the cops. can they garnish his social security? he can't afford a lawyer. will he have to pay it back? thanks any help would be great

[cmorris]

Social Security is exempt from garnishment. And if that is the only income in a checking/saving account, that can't be touched either.

[JETX]

Originally Posted by shorti1

My dad had received a summons for a credit card account that he never had. it had charges on it apparently and never got paid. the account is from 1999 and closed in 2000 or 2001 and some how there was an arbitration in 2003. what can he do?

If this is a true summons (some debt collectors present false documents), then he needs to read it and reply as noted. Do NOT allow this to go unanswered as the plaintiff will win a default judgment against him.

he has no income except social security and is barley taking care of his own credit debt.

With a judgment in hand, they can sieze, levy and/or auction off any non-exempt property that he has. And can wait and file a claim on his estate.

apparently its way to old to even call the cops.

Not paying a debt is NOT a criminal matter.... the cops have nothing to do with this.

can they garnish his social security?

No.

he can't afford a lawyer.

Then he needs to see if your local 'legal aid' or similar can help.... or at least show up at the hearing and argue the SOL has expired, if appropriate.

will he have to pay it back?

If they get a judgment, probably. There are several methods that an aggressive and knowledgable judgment creditor can use.

[shorti1]

What is the SOL in DE for that?

[JETX]

Originally Posted by shorti1

What is the SOL in DE for that?

The SOL's in Delaware in years are:
Sale of Goods: 4
Open Acct.: 4
Written Contract: 3

[shorti1]

Will you go to jail if you dont show up? Also can you send a credit validation letter as a response and is it past the SOL anyway?

[Ladynred]

No, you can't go to jail for not paying a debt and not showing up in court for this round. However, if he later gets served with papers to discover assets or to appear in court for a debtor's exam and he doesn't show up, he could be charged with contempt of court and an arrest warrant can be issued.

If this is a fraudulent account, then Answer the Compliant as such, its an affirmative defense. A validation letter at this stage of the game isn't going to do much good, but you CAN still make them prove it in court !

[shorti1]

But what if its past the SOL anyway? Can you dispute it that way also?

[Ladynred]

If its past the SOL and you are SURE of that, then you need to use the expired SOL as your affirmative defense in your Answer AND you bring it up in court too. If you do not use the affirmative defense, then you will lose your right to do so - its 'use it or lose it' so you can't just let this slide by.

[shorti1]

Well according to their information the credit card went behind in payments the near the end of 2000 and at the end of 2000 or begining of 2001 it went into collections with NCO and now a law firm for NCO has taken over it for the past few months.