Dealing with Debt

questions & answers

Question: A judgment has been issued on me for an unpaid credit card balance of $1320.00. Can the lawyers handling this force the sale of my possessions. I live solely on Widow's Pension of $1040 per month.

Answer: Her pension is protected under ERISA can't be touched

 What can be claimed for the debt is based off the judgment ordered. If the order is for garnishment of wages According to Arizona Revised Statute § 12-1598 http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/12/01598-04.htm&Title=12&DocType=ARS, is followed. This statute provides how monies are garnished from earnings, which are defined as “means compensation paid or payable for personal services, whether these payments are called wages, salary, commission, bonus or otherwise. Earnings include periodic payments pursuant to a pension or retirement program.”  The AZ courts have a good article called “introduction to garnishment” http://azcourts.gov/Portals/34/Forms/GarnEarn/Introduction.pdf. This article explains what happens after the judgment is recorded.

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QUESTIONS

  • A judgment has been issued on me for an unpaid credit card balance of $1320.00. Can the lawyers handling this force the sale of my possessions. I live solely on Widow's Pension of $1040 per month.

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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