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For individuals living with a disability and depending on disability income to help them with their finances, it can be stressful to deal with debt collectors constantly calling or illegally threatening to file a lawsuit. Thankfully, being aware of your rights and knowing what debt collectors can and cannot do may help alleviate some of the worries.

For starters, those receiving Social Security or Social Security Disability (SSD) can relax. Even if a debt collector says otherwise, federal law prohibits them from taking this type of income. Should a lawsuit were to be filed against you and the judgment is ruled in their favor, that SSD will not be affected.

If your goal is to stop the constant phone calls and letters, there are steps that can be taken. The federal Fair Debt Collection Practices Act allows debtors to send collection agencies a “cease and desist” letter which, as the name implies, will require that all contact via mail or phone must stop.

The primary thing to keep in mind here is that debt collectors cannot take your disability income, even if they may try and tell you otherwise in an attempt to scare you into paying off the debt.

This update is by Abril Law, a law firm comprised of attorneys Jorge M. Abril and Sinead Baldwin. Our services include medical reimbursement, commercial litigation, and more. If you have any questions or wish to schedule an appointment with a collection attorney Miami, please call 305-373-0901 to speak with one of our attorneys. We look forward to working with you.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.