Can Creditors find out if you are disabled?

Discussion in 'Fibromyalgia Main Forum' started by luv2float, Dec 3, 2009.

  1. luv2float

    luv2float New Member

    Since I just won my SSDI, I was wondering if my creditors can find out I'm now disabled and getting a monthly income?

    Also, can any past judgments on me get any of my money?

    Unfortunately, after I quit work, I ran up some credit cards thinking I would be able to go back to work after I got better. Well, I never got better, thus no income, I haven't paid on some of these bills for about 5-6 years.

    Pls advise.
  2. TeaBisqit

    TeaBisqit Member

    They aren't allowed to touch any social security money. However, they can freeze your account anyway, rare, but they can do it. And then you have to get a lawyer to unfreeze it and you get your money back because they can't have any of your SS money. So basically they can just mess you up for months.

    I'm going to be filing for bankruptcy in a few months and my lawyer said SS is exempt.

    I'm not sure if creditors can find out you are on disability unless you tell them. All the ones that have called me seem to think I'm working. So unless it's on your credit report that you are on SS, I don't think they know.

    If you haven't paid the bills in alot of years, the statute of limitations may have run out on them and you do NOT have to pay anything. You need to look up the statute in your state. Each state is different. Some states are only four years and some are six or higher. You may actually not have to pay those bills.
  3. dvdav2000

    dvdav2000 New Member

    Creditors rights and SSD... I heard on the Clark Howard program ( debt/ consumer advoc. on the radio ) that you r creditirs can grab monies once they are in an account that they have researched and claim a right to... so he said do not get direct dep. your ssd because even if they can;t take the SSD... they can claim it ince it is paid to you into a bank acct... this is the second legal opinion I have heard on this...
    Have your check mailed... consult an atty. If you are that concerned that your past spending or debts ( good, bad, when you were ill or otherwise ) are still responsibilities... a creditir especially the ones that buy " old " uncollectable debt work quickly and without remorse. No scare but be guided accordingly... have atty advise on protecting your interests... then in time have same atty approach the creditor... and then they will know you ahve no $ , on SSD, and fragile... I bet you get a fair arrangement... they can't get blood from a stone. Don't have intent to cheat these creditors because a judge will rule for the creditor... sorry so long of post but all IMO true...
  4. Debra49659

    Debra49659 New Member

    I was the civil court clerk before FM got me. Creditors who have a judgment against you can garnish bank account. However you can then motion the court for a $20.00 fee that the garnishment is against your rights (which it is-they can not take SSDI money), the creditor will have to give it back and in a timely manner or the creditor can owe you big money!!

    Just make sure that the bank account that your SSDI money goes into is the ONLY source of income that is going in the account....anything else is up for grabs!

  5. Janalynn

    Janalynn New Member

    There is not a statute of limitations on monies owed- at least not in those words. There IS a timeframe of negative items that will stay on your credit report. If you have not paid on your credit cards for 5 or 6 yrs for instance and you have no intention of paying, that's your perogative. If you paid something now on that card for instance, that would bump your activity of that account to current and that would start the timeframe all over again. Some things will never fall off a credit report - student loans for one, tax liens etc.

    Your credit report only lists employers if you've given employer information when applying for credit. That in itself is not always accurate. Income is never on a credit report.

    Sounds like others know about the SS and if it can be touched.
  6. TeaBisqit

    TeaBisqit Member

    And here is a site that has each state's listed:

    It has to do with your "contract" with the original credit card company. Once you pass the amount in years for your state, you no longer have to pay the money. The Statue runs out. By law, debt collectors are not allowed to collect past that year. However, if you make the mistake of letting a debt collector rope you into any form of new payment plan, they can resurrect the debt on you. So the most important thing is to not pay and don't don't deal with any debt collector. Once that statue runs out, they can't legally touch you.
  7. quanked

    quanked Member

    There are many kinds of debts. Each kind of debt has it its own rules that apply and the rules that apply will be dictated by the state you live in. On your judgements you may want to call your county recorder and ask what rules apply. You can go down, or have someone go for you, and look up the judgements and get copies for your records so YOU KNOW exactly when it was filed and when it expires (so to speak).

    Anything in a bank account is fair game. It can get real ugly before it is over. If you have bills to pay and rely on what is in your bank the idea of a creditor draining one's funds could get dicey. You may be able to recapture those funds but what stress you may have to go through to get your money back may not be worth it. I your creditors have your bank name and account number you may want to close it. You may want to be very guarded about your financial matters until you know where you stand.

    These days money orders can be bought very cheaply in some establishments. When I was in school I remember paying 17 cents--that was about 17 years ago. Good Luck!
  8. justlooking

    justlooking New Member

    Won't you receive back pay? If you do, it should be a large lump payment, which is intended to pay you for the time in between not working (not having an income) and receiving your monthly payments. IMO, This lump sum payment should be used to pay off the debt you accumulated while not having an income.

    I know it must be hard to go back and pay on something old, but in all honesty it was money credited to you with the intention of being paid back. I am sure with interest it is probably quite a bit of money, however many creditors will settle your debt for pennies on the dollar.

    Hiding your money from creditors, under some circumstances is illegal. I would suggest if you don't want to pay your debt, then seek legal advise and do it legally.
    Best of luck and congrats on winning you SSDI.

    [This Message was Edited on 12/04/2009]
  9. dvdav2000

    dvdav2000 New Member

    Monty Hall says... lets make a deal... get what is owed to you.. get to an atty... protect what you have... let a little time go by to develop strategy... perhgaps debt collection has lapsed, or the creditor missed opp. to collect...

    Have atty research... if monies owed.. then make a deal... this is your money " not the peoples republics money or their money agents money "

    do not have any guilt here do not cut checks to any creditor... listen to you lawyer who will protect you from any creditor... do not post anymore on this $$ subject here ( with your friends )....??? someone may turn you in ... lol...