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  #1  
Old 03-18-2009, 01:04 PM
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Join Date: Mar 2009
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HELP ON SSI and got served because of old credit card debit


What is the name of your state (only U.S. law)? IL
My only income is SSI benefits. Resurgence Financial sue me because of a Discover card last payment paid on 1/2003. On 12/15/2005 without my knowledge Resurgence got a judgement against me. I went to court on 3/31/07 and the rule to show cause was dismissed because Resurgence Financial did not show up. Now on Feb 19, 2009 Resurgence got an order to citation to discover assets and froze my checking account of $155. This is the account that my SSI benefits go into. I have to go to court on March 27, 2009.

My only source of income is from my SSI benefits, disablity. I have an old car worth 1500 and nothing more. I have to live with my parents do to the economical situation and me not being able to work. What do I do? I can not pay anyting into this debt with my SSI benefits. How long can a credit card chase you down? Can a credit card company keep on sueing is there a statue of limitations? I got into this situtation because of medical cost and divorce.
  #2  
Old 03-19-2009, 12:02 PM
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SSI cannot be garnished for anthing other than, taxes, college tuition loans and child support. I think you would have to present the CA with the judgement, proof of this and the court.
  #3  
Old 03-19-2009, 12:31 PM
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I may not understand all the particulars, but it seems to me like you could file bankruptcy.
  #4  
Old 03-19-2009, 08:52 PM
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If you are on SSI, and the only source of income in your bank account is SSI, if you present evidence of this to the court, the creditor will be required to unfreeze it immedately. This does not eliminate the unpaid debt. You will need to either work to pay it, file bankruptcy, or wait till you have a job (penalties and interest will accrue on the judgment in the meantime).
  #5  
Old 03-19-2009, 09:33 PM
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Posts: 166
They cannot take your SSI. However, they did freeze your bank account, which leaves you in the position of having to prove that all the monies in that account came from ONLY SSI. This can take some time, leaving you with no money.

I would suggest that once you have proved this and hopefully they take the freeze off of your account, do not use direct deposit; cash your SSI check and use cash only.

Even if this is resolved, they could try to freeze your account again. Even if they know that the money is exempt, they can try to make your life miserable by doing this.
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