collecting from disabled person

by Julian
(West Palm Beach, Florida)

Can collection agency call disabled person and collect debt?

Comments for collecting from disabled person

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Jul 14, 2010
Collecting from someone with a disability
by: Mary

Thanks for submitting your debt collection question on our Q&A page.

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 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.

Dec 23, 2014
Evil bill collectors
by: Anonymous

Sorry to hear a disabled person was threatened with Jail for not paying a bill collector.

It is true they cannot take your disability or have you put in jail but they can be sued for harassing you or causing stress that makes your condition worse. I would suggest all disabled people file suits if they have told them NOT to contact again yet are being contacted! I am about to sue one right now! I will win a large sum and probably lose disability but with ten million in court wins, I will do just fine financially.

They are one of the worst calling on Christmas Eve, Eve and I am getting an attorney first of the year to show them how constitutional law works so opening a can of whip on them legally and their company will be out of business when I am done.

Jun 24, 2015
Threatening Calls from Mother
by: Anonymous

My granddaughter is on SSI and has been since birth. She is now 26. Approximately in her senior of High School, she met a boy who was apparently also disabled. They formed a friendship only, but then the boy started getting too aggressive so she distanced herself from him.

In their 20's they met up again and she was having some financial difficulty and he offered her some money. She was in college or attempting it at that time and dropped out and they still charged the tuition. Her mother had passed away in 2010.

The boy's, I should say man's mother is now calling and harassing my granddaughter and telling her she wants to be paid back for the money her son gave her and that if she does not get $100 by June 30, 2015, she is going to press charges. She has also called my niece and told her the sordid story and threatened her. Is this legal?

Reply from

The Fair Debt Collection Practices Act likely does not apply to this individual since she is not likely considered a debt collector. Perhaps, however, there are other state laws that would prevent her from sharing this information publicly. You'll need to talk with a consumer law attorney locally however to find out. We're sorry we can't help more specifically.

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