The short answer is yes. The bigger question is whether or not the person suing you can collect anything from you even if they win the lawsuit.
Can a person on disability be sued? Yes.
Can a person on disability have an account garnished? Maybe.
Can a person on disability have a lien placed against his or her real property? Yes.
What About Garnishments?
Debt collectors with judgments sometimes try to garnish bank accounts of Social Security disability, SSI, or retirement recipients even though the law protects the Social Security benefits. The banks are required to analyze the account to see if protected funds are in the account, but most people never object to a garnishment – even when the garnishment is improper. A debt collector with a judgment could still place a lien on the debtor’s real property, for instance.
I think that anybody with a judgment against them should carefully think about their situation and try to protect themselves and their property. Most people think it’s too expensive to seek legal help for a relatively small lawsuit. However, not all lawyers charge for a consultation. I do not charge anybody to sit down and look at any Social Security or debt collection matter.
Common Debt Collection Violations
I have been seeing a lot of small debt collection lawsuits filed for medical debts. It seems like the debt collectors lump a bunch of co-pays or bills from multiple providers and file one suit. It saves the debt collectors money because they only file one lawsuit to collect on several small accounts. It can lead to problems for the debt collectors though. I recently saw a lawsuit where a disabled individual was sued for alleged debts to multiple providers. The problem was that some of the debts were too old to file suit on – the suit was filed after the statue of limitations.
Debt Collectors Must Follow State and Federal Law
It is a violation of the Fair Debt Collection Practices Act to for a debt collector to file a lawsuit on a debt when the statute of limitations has passed. When a debt collector violates federal law, the victim of the abusive act is entitled to statutory damages up to $1000.00, plus actual damages, court costs, and attorney’s fees.