Do I have to pay a debt collector if am on retirement benefits?

UPDATED: Jun 29, 2012

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Do I have to pay a debt collector if am on retirement benefits?

I’m on retirement benefits and I have already received a summons from a debt collector and I already did the proper paper work and sent the response. I am on a very fixed income and I don’t have money to pay the collectors. When this does go to court will the judge make me pay even if I don’t have money?

Asked on June 29, 2012 under Bankruptcy Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will be liable for the debt despite your financial situation.  If the creditor obtains a judgment against you, it would be advisable to file bankruptcy.  Chapter 7 bankruptcy is straight liquidation which eliminates certain types of debt.  The creditor won't be able to enforce the judgment against you if you file bankruptcy.

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