can they take my money

[turquoiseblu68]

My jurisdiction is: california

My husband received a summons from a loan he took out and could no longer pay due to the fact that he has renal kidney failure (dialysis), on oxygen, and has a trachea. so he took early retirement.during that whole change we got backed up on all credit cards, and this loan.my husband gets social security & pension, can they take our money? please help we have limited time

 

[tpajet]

If they get a judgment against you they can garnish you income. However, in your case, not everything. They cannot garnish federal benefits unless it was something like back taxes or alimony. So the social security cannot be touched by them. They may, however be able to dip into the pension unless it was from a federal government job, or in certain other federally funded cases.

With the summons, you need to go to court and explain the situation. You will probably get the judgement against you (in fact count on it happening) but what you can do is have the judge make a payment arrangement that you can afford. If you don't go to court, then who knows how they will dip into that pension fund.