Being disabled does not exempt someone from being contacted by a debt collector (or a creditor) about an outstanding debt. However, if the debt collector sues a disabled person over a debt and obtains a court judgment against that individual as a result, the debt collector cannot garnish (take) any federal disability payments the disabled person may be receiving. However, the debt collector could collect on the judgment by going after other assets he or she owns.
If you need more specific information, I urge you to contact a consumer law attorney in your area. I also recommend that you consider purchasing a copy of the e-book about dealing with debt collectors and consumers' debt collection rights that I co-authored with Gerri Detweiler. It's available as a download on this site. You can read the first chapter of Debt Collection Answers online for free.
Jul 26, 2010
debt collector by: Anonymous
I was told that I would be jailed if I did not pay on a debt and the company collect one hundred dollars a month from social security money for about 22 months until I had my bank account closed. they still continue to call me and I just hang up. I wanted to know is this legal for them to take my social security money as I told them that is my only income. I gave them my account number and this is how they got money from me and I had fear as they told me I would go to jail. Is this legal can I get my money back as this is only income and they made years of hardship for me.
Reply from DebtCollectionAnswers.com: No collectors can't take your Social Security income. Nor can you be jailed just because you can't pay a debt. Please consult a consumer law attorney asap. These threats may be illegal.
You can talk to a consumer law attorney in your area who has experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.
