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Social Security and Air Force retirement

by Bec
(Chesterfield MO)

My husband only has Social Security and Air Force Retirement. He suffered a stroke in April 2010 that effect his thinking, actions, and speech. The Social Security has put his check in my name due to the fact I now handle all the money going out. He has no assets, no saving, no other source of income. He now has been summoned to court of a debt can they touch his SS or Retirement. I can wheel him into court but he will make no sense, and gets very upset at times. What should I do?

Comments for
Social Security and Air Force retirement

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Nov 26, 2010
 unable to appear in court
by: Gerri

Bec,

I am so sorry to hear of your husband's condition and to hear that he is being sued for this debt. Was the debt collector made aware of his condition and his financial situation? If so, I would definitely recommend you talk with an attorney to find out whether the debt collector's actions here may be considered harassment.

If you had asked me what to do before he was sued, I would have explained that his income is likely safe from creditors and collectors, and I would have encouraged you to set up a free consultation with a bankruptcy attorney to double check that. If he is "judgment proof" then I would have suggested you could send the debt collector a cease and desist letter explaining the situation and asking them not to contact him again.

But now that he has been served with a summons, it is essential that you get legal advice. I don't know whether your husband is still eligible for legal assistance through the Air Force, but I would encourage you to check that.

You can talk with a consumer law attorney with experience in debt collection cases. Learn how to get low cost or FREE legal help with your debt collection problem here. They should be able to tell you whether you have a case against the debt collector.

Please let us know what happens after you check out both of these sources (use the comments link below). Hang in there.

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