Chloe Meltzer | October 19, 2022
Legal Expert
Chloe Meltzer, MA
Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.
Edited by Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: Are you unable to pay your debt because of a disability? Find out what you can do to keep the debt collectors away.
Life can be very difficult for those with a disability, and if you find yourself in debt it can get a lot worse. If you are living every day with pain, then you may have a way out of your distressful credit card debt. Whether you are living with a reduced income, limited opportunities to obtain a job, or the inability to work, your financial situation may be getting worse. Rather than declare bankruptcy, you may have other options.
You can be sued for credit card debt when on disability, but the end result is that they will not be able to actually collect on the judgment if your income is protected. The only downside is that you will still have a judgment placed on you, and it may hurt your credit. There are a few defenses if you are suffering from credit card debt and on disability.
Respond to a debt collection lawsuit in 15 minutes with SoloSuit.
You could be judgment proof
If you have been receiving social security income as a disabled person, then you may be judgment proof. Being judgment proof means that a creditor may not garnish your wages or place liens on your property if they sue you.
For a creditor to be able to garnish social security income, they must sue you, but most of the time they cannot do so under federal law. Although it is not impossible to have your social security income garnished, it is unlikely. It will take a long time in court and typically the cost is not worth it for them.
You might have garnishment protection
Garnishments involve taking money directly from your bank account, or from your paycheck. The federal law requires that twice the amount you receive in disability payments be exempt from wage garnishment. This means that if you receive $1500 each month in your account, you should have at least a minimum of $3000 in your account. This cannot be taken from you.
Make the right defense the right way with SoloSuit.
Tell debt collectors to cease and desist
When you are dealing with a debt collector, you may have been pursued various times, repeatedly. If this is something you have dealt with, you may not realize that you can simply ask a collector to stop contacting you.
This is called a “cease and desist”. It can be in the form of a letter, but you can also ask them to stop and they are required to do so under the FDCPA. The FDCPA (Fair Debt Collection Practices Act) provides protection against creditors. If you specifically request they cease and desist, they must comply, punishable by law.
You could be eligible for a hardship plan
There are financial relief options for those who have a permanent disability, but it does not mean that credit card debt will disappear if you qualify as disabled. You have one main option to consider. That is to find a hardship plan.
Credit card companies would prefer that you pay your debts in full, but this is not always possible. If a credit card company believes that you are unable to pay your debts and that they will end up getting nothing, they might change their mind about what you owe them. Not literally, but they may allow you to negotiate how much you plan to pay them, and decide on a settlement. You can base this on the fact that you are disabled, and that you cannot afford to pay. Overall you may be able to reduce the amount of the debt as well as your interest rate.
The best way to develop a hardship plan is to create a list of your income and subtract your monthly expenses. Then you can call each creditor and explain your finances. If you can provide a description of your income and expenses to showcase why you cannot pay your debts, they may be willing to negotiate to make your payments easier to pay off.
This stems from the creditors having to abide by a hardship plan in their company policy. This is to help those who cannot pay off their loans or debt. You can also see if the creditor offers any type of cancellation policy. Sometimes these are available in case of death or disability. Overall, if you can find a way to lower your interest rate or extend the payment period then you will reduce your overall debt commitment and make it easier to pay off.
Don't let debt collectors push you around. Respond with SoloSuit and win in court.
Other debt-relief options
- Debt consolidation: This is a great idea if you have not been able to find a way out of your debts due to being disabled. It is the process of consolidating all of your debts, such as credit card payments, mortgage payments, and car payments, into one monthly payment. The hope is that you can get a lower interest rate as well. The main purpose is to avoid being in default, decrease the amount of interest you are paying, and reduce the damage to your credit score.
- Filing for bankruptcy: Although it should always be used as the last option, bankruptcy will wipe your responsibility for your debts. Filing for either Chapter 7 or Chapter 13 will have different outcomes and are useful in different situations. If you own property and wish to keep it, then Chapter 13 might be a better idea. It is essential to look at the pros and cons of each before making this decision.
If you are disabled, it can be difficult to make ends meet, and it is common for credit card bills to pile up. Rather than allow these problems to take over your life, it is better to face them head-on and find a solution. Debt relief due to disability may be an option for you, or you may be able to come to a settlement. You will only know if you try.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
How to answer a summons for debt collection in your state
Here's a list of guides for other states.
Guides on how to beat every debt collector
Being sued by a different debt collector? We're making guides on how to beat each one.
- Absolute Resolutions Investments LLC
- Accredited Collection Services
- Alliance One
- Amcol Clmbia
- American Recovery Service
- Asset Acceptance LLC
- Asset Recovery Solutions
- Associated Credit Services
- Autovest LLC
- Cach LLC
- Cavalry SPV I LLC
- Cerastes LLC
- Colinfobur
- Covington Credit
- Crown Asset Management
- CTC Debt Collector
- Cypress Financial Recoveries
- Delanor Kemper & Associates
- Eagle Loan of Ohio
- Educap
- Estate Information Services
- FIA Card Services
- Forster & Garbus
- Freshview Solutions
- Fulton Friedman & Gullace LLP
- Harvest Credit Management
- Howard Lee Schiff
- Hudson & Keyse LLC
- Integras Capital Recovery LLC
- Javitch Block
- Jefferson Capital Systems LLC
- LVNV Funding
- Mannbracken
- Mariner Finance
- Medicredit
- Michael J Adams PC
- Michael J Scott
- Midland Funding LLC
- Mullooly, Jeffrey, Rooney & Flynn
- Mountain Land Collections
- MRS Associates
- National Collegiate Trust
- Nationstar Foreclosure
- Northstar Capital Acquisition
- NCEP LLC
- NRC Collection Agency
- OneMain Financial
- Palisades Collection LLC
- Pallida LLC
- Paragon Revenue Group
- Pinnacle Collections Agency
- PMAB LLC
- Portfolio Recovery Associates
- Provest Law
- PYOD LLC
- Reunion Student Loan Finance Corporation
- Revenue Group
- Regents and Associates
- RSIEH
- Salander Enterprises LLC
- Second Round Sub LLC
- Security Credit Services
- Sherman Financial Group
- Suttell and Hammer
- T-Mobile
- Transworld Systems
- Tulsa Teachers Credit Union
- UCB Collection
- Velo Law Office
- Velocity Investments
- Waypoint Resource Group
- Weinberg and Associates
- Wolpoff & Abramson
Win against credit card companies
Is your credit card company suing you? Learn how you can beat each one.
- Bank of America
- Capital One
- Chase
- Credit One Bank
- PayPal Synchrony Card
- SYNCB/PPEXTR
- Synchrony Bank
- Target National Bank
- Wells Fargo
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Get answers to these FAQs
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Learn More With These Additional Resources:
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court
It only takes 15 minutes.
And 50% of our customers' cases have been dismissed in the past.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather
Not sued yet?
Use our Debt Validation Letter.
Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
