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Asked in Camino, CA Aug. 08, 2018 ,  4 answers Visitors: 7
Can a judgment against me garnish my SSDI (Disability), my old VW Bug that's worth less than $3,000, my furniture?

4 Answers

Anonymous
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Posted on / Aug. 10, 2018 09:00:23

In addition to information provided by my colleagues which covers the most important concern you had regarding creditors accessing your SSI benefits, I recommend you speak with a bankruptcy attorney (many of us offer a half hour no charge consultation), to evaluate whether a bankruptcy is necessary.

Anonymous
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Posted on / Aug. 09, 2018 11:39:32

SSDI is exempt from creditor claims under Federal Law - 38 U.S. Code Section 5301, with very few exceptions.

You are entitled to additional exemptions from creditor collection for your personal property under California Law - California Code of Civil Procedure Section 703 or 704.

Rest assured that your pet cats can't be taken away by your creditors.

When a judgment creditor executes on a judgment, through a writ of levy, the levying officer (Sheriff in California) generally provides forms to the judgment debtor for use in claiming property as exempt.

If you can't afford a lawyer, you might be able to obtain assistance from Public Counsel at www.publiccounsel.org or a similar organization in your area.

Anonymous
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Posted on / Aug. 09, 2018 10:58:59

If you want to file bankruptcy, your assets would likely all be protected through the exemptions. However, it looks like $9000 of debt might not be worth paying an attorney $1500+ for. Your SSDI benefits are exempt from creditors, but you'll need to keep those funds separate from any other funds. Keep in mind that although SSDI funds are protected, I have seen the money taken by mistaken, but they do have to return it.

https://saclaw.org/wp-content/uploads/lrg-exemptions-from-the-enforcement-of-judgments.pdf

Anonymous
Reply

Posted on / Aug. 08, 2018 17:40:05

They cannot garnish your ssi and you probably have enough exemptions to protect the property you described. You can probably get a free consultation with a bankruptcy attorney who can give you some help

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