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About nanakimmy

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    New Member
  • Birthday 04/14/1974
  1. I currently live in South Carolina. However, I had a secured debt (furniture loan) that was taken out in Ohio. I have regrettably defaulted on this, and am looking to file for bankruptcy relief soon. However, the lawyer I consulted with told me that I couldn't be garnished for consumer debt in South Carolina. However, the company is telling me that since it's secured debt, I can be, and will be, as they (per them) already do so now with people in South Carolina. I'm not sure if this is a scare tactic or what's going on, but I don't have the funds available to get the petition filed yet, so I'm looking for answers as to if I can be garnished or not. Additionally, my bank account, new since I moved here a year ago, gets funds deposited into it from Social Security. Does that protect it at all? I appreciate the help and guidance.
  2. First, let me take a moment to thank those of you who share your insight and wisdom in educating folks like myself in this forum. It is greatly appreciated. I know that SC is a "debtor friendly," state. Meaning that I know my wages can't be garnished for consumer debt. I'm in the process of getting the money together to file my bankruptcy petition, however, I have some concerns. 1) Can my bank account be garnished for debt? 2) Is the no wage rule in effect even if the company is headquartered outside of South Carolina? 3) If they can garnish my bank account, do they notify me beforehand or do I just get to be surprised? Thank you again.
  3. But how does social security define marriage? Do they include common law in that aspect or is it strictly a "legalized" marriage?
  4. He gets social security disability. It comes from the wages of his late father, he's gotten it since he was a juvenile. I asked them if we filed it under an adult case if that would make a difference and they said 'no.'
  5. Recently, my husband and I saw an attorney who told us that if we wish to claim a common law marriage that we have to make some changes to tax filings, etc in order to file a joint bankruptcy petition. However, social security once told us that if he was married they would stop his benefits. At the time we were living in a state that didn't recognize common law, but now we are in a state that does. Before we start making the changes, though, we are trying to find out if social security will then stop the benefits once we claim common law marriage, or if they have a distinct difference between the two in their realm. I know at a state level common law is considered "legal" marriage but what we are worried about is what the rules of social security are. Thanks in advance.
  6. My husband (common law) and I moved to SC 7 1/2 months ago. We've lived as spouses for five years here & Ohio. We've found ourselves giving serious thought to bankruptcy, but want to know if we can do it as a joint petition since we're not legally married or if being common law is enough.
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