Under the Fair Debt Collection Practices Act, seniors receiving Social Security, disability, pension, or VA benefits are protected from debt collection harassment, and their income cannot be garnished to pay debts; banks must automatically protect twice the amount of federal benefits in bank accounts, and seniors should not pay debt management companies or make payment arrangements when they don't need to, as their income is legally protected regardless of lawsuits or judgments.
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7/22/26 - Educating Seniors About Their Rights
Added:Good day everyone. Eric Coulson from Helps YouTube live on July 22nd uh 2026.
I think we're only going to have a half hour program today. I've got some conflict that's coming up, but uh we'll make it worth your while. So, my name is Eric. Um I'm a I'm been an attorney for 48 years. I'm the founder of Helps.
Helps is a national law firm. Uh what we do is we represent seniors and disabled persons who owe debt under a federal law called the Fair Debt Collection Practices Act. That law provides in part that if you're represented by an attorney, debt collectors can no longer call or send send demand letters anymore. They have to leave you alone.
And so that's what helps does. We represent seniors and disabled persons who owe debt in order to stop collectors from bothering them. And we and that's our main mission. But our second mission is to educate seniors how they can maintain their financial independence.
Uh we don't turn anyone away that needs our help. The cost is minimal. Many of our clients get our help for free. Um so if you have any questions, you can put them in the chat feature. I'll try to address them there. Um our attorney will be along shortly to settle our nerves. Well, I I hope you don't have any nerves. And that's why Helps was actually founded.
Um I probably did 30 40,000 bankruptcies before I started Helps in 2012.
And uh um the problem was uh seniors would come into me and I'd tell them, "You don't need to file bankruptcy. Your income is safe." But I know when I sent them home, the creditors would still call make their lives miserable. And so helps was started so we could represent seniors under this Fair Debt Collection Practices Act, not to represent them in court because they didn't need to go to court. Okay? Uh if a creditor got a judgment, they couldn't collect from them. They couldn't take their money.
But so we would stop the collectors from harassing them, calling them on the phone, sending them demand letters, okay? And then we're always there to answer your questions literally forever.
So, if you have a new creditor that contacts you, if you incurred a new bill or if a a debt collector sold it to a new debt collector, you get us that information. We send them a cease to letter. They're going to leave you alone and then you can always call with questions. Okay.
Um, but we don't want you to worry.
Okay.
So, um um someone called us uh from Indiana, 67 years old. They get 3100 in social security back on June 19th.
Uh they're struggling with hospital bills.
See, it doesn't matter what kind of debt you have, you know, credit cards, medical bills, it's all protected from debt collectors, bank loan, even if you had a judgment against you and you made an agreement to make payments, you can stop making those payments. They can't take your social security. They can't take your pension.
And then I always explain that if someone sued you and had a judgment and they tried to garnish your bank account, which is kind of unlikely, but if they did, back in 2012, uh, a rule was put in effect that told banks that they can no that if they get a rid of garnishment, they have to examine where the money came from that was deposited in your bank account. And if it came from a federal source like social security, they're going to take that sum times two. The amount you get within the last 60 days is automatically protected. Even if there's money in that account that came from another source.
So let's say you got uh 1,200 in social security, $2,400 is protected. Even if some of that money in your bank account came from a a gift, something you sold, some other money from just keep the balance less than twice the amount of your federal benefits, your bank will protect it. Now, if you had more than that in there and it was exempt funds, then you can file a challenge of garnishment or claim exemption to get the excess released. Uh, that doesn't happen very often. Most of our clients, you know, they listen to us. They just get one bank account, they don't worry about it anymore. Okay. So, he's struggling with hospital bills. he only gets social security.
Um he said he decided he he would have to join join debt management.
Um but we explained what we did and he said uh I'm not going to do that yet.
And he says we'll think about it over the weekend and we'll call back to join.
And then he called a month later July 15th.
um and said he has credit card debt, can no longer keep the payment up. He concerned about a possible lean on his property.
Explain the basics of how the lean may work. Also discussed a previous note regarding debt management. He stated that he had cancelled that program, went over his home, vehicle, and income protections.
Uh quoted the fees and he enrolled in helps.
So Frank asked, "If debt collectors know you're on protected income, why do they still sue?" [snorts] Well, Frank, the reason is they count on seniors not understanding their rights. So, you know, I've been doing this long enough to know that seniors don't know their income's protected and they they're worried if they're sued. They get legal papers and so they they end up calling or making arrangements to make payments when they don't have to.
Okay. there. A debt collector or someone an attorney who sues you is under no obligation to tell you what your rights are.
That's why that's why I'm here. That's why that's why ELP is here. So we can tell you what your rights are so you don't worry. And that's that's why they do it. You know, almost half of seniors have incomes within 200% of the poverty line. They retire only more that more debt than ever before.
So there's a lot of senior sued. I think it was yesterday or the day before, I went over the statistics on how lawsuits, filing of lawsuits has gone up dramatically.
Okay? And I always tell our clients, you know, you really don't need to worry if you're sued. You know, if a Helps client is sued, either you've been sued now or there's a judgment against you or after you join, you're sued. We ask you to get us a copy of the lawsuit. We just need the first three or four pages. And then we send a letter to the attorney who sued you letting them know that your income is protected. you're not going to pay the debt. We understand they're going to get a judgment. We remind them of the protected nature of your bank account, although we really don't need to do that because it's protected whether we remind them or not. Then we call you on the phone, explain to you why you don't need to worry about the lawsuit, why you don't need to go to court. You know, the court may say a date and time you're supposed to appear, but if you read it carefully, that's only if you're going to defend the lawsuit. And if you owe the money, there's no need to defend the lawsuit.
They get a judgment they can't collect from you. You're going to be fine. Okay.
Um, so that's why they still sue. They they they want to keep you in ignorance about what your rights are. And unfortunately, a lot of other people do too, other than the debt collectors.
These debt management companies, so-called debt management or debt settlement companies are there to help you. You know, they may help younger people, but they treat seniors are the same way younger people. They don't tell seniors the fact that their income is protected and it can't be taken from them. And so they sign them up, you know, and have them make payments when they don't need to make payments. And I've seen seniors really put into really severe poverty because of making a payment to a debt management company. And I asked them, "Did they tell you when you enrolled that your income was safe and you didn't need to do this?" They said, "No, Mr. Ols, they never told me that."
Yeah. They don't.
They don't tell you that. We It's a constant battle with Els dealing with that.
Okay.
Um then you say, "Well, are they going to take my car? Are they going to take my home?" No. No. There's re, you know, states have exemption laws which protect a certain amount of equity in different types of assets.
But it's not the practice of consumer judgment creditors to go after people's assets even if they have equity over and above the exemption. You can call and talk to this at and we'll go over that with you. Okay.
So, this person called us from Florida.
They're 75. Their only income is $1,100 a month.
Um, and they got sued and they made an agreement to pay $75 a month.
What? And what's the next thing it says on the notes from one of our par parallegals? Discuss stopping the automatic payment of $75. They don't need to pay it. They don't need to pay it.
Uh we explain what we did. Explain how their social security was protected. Uh we emailed them. We have a lot of emails on different topics, probably three to 500. We we sent them an email, our general email that talks about help, the links to our videos and our our web page and uh who we help and we sent an email about YouTube live. So that was on and then they called back looks like an hour later gave us some more information and we told them how to separate their bank accounts to make what to do about their bank accounts to make sure they were protected and they enrolled in help.
Okay.
So, um, someone called the other day and, uh, they owed state taxes and they were worried that the state was going to be able to take their money.
Um, no, no. If you're a senior getting social security or pension or disability or VA benefit, the same law that protects your income from a credit card creditor that had a judgment protects your income from a state tax collector.
Okay?
They can't. If they were to garnish your bank account, twice the amount of funds in your bank account that came on federal source is protected automatically, including from a state tax collector.
So, um, if you owe state taxes and you're making payment and you can't a I mean, I encourage people to pay your taxes if you're able to, but if you can't and you're going without basic needs, you can stop. Same with the IRS.
The IRS, uh, they can offset 15% of your social security. They don't do that very often. And before they would do that, they would send you a notice saying they intend to do that after 60 days. Give you time to contact them and tell you how to do it to get on what's called currently not collectible status. But if your income is only social security and a minimal amount of other income, very doubtful the IRS would ever send you a letter saying they intend to offset 15% of your social security. We just don't see it happening. Okay.
Eric, what do you what do you do with all these hospital bills, including an emergency room doctor? Brian asked that for a 10-minute visit to turn me into a debt collector. His 10-minute visit was $1,500. I know it's been Well, Brian, you don't need to worry about it. I mean, uh, a hospital will eventually send it to a debt collector. If you get a a collection notice, you turn that over to help or we can you can send us a hospital. We'll send them a cease and desist letter.
Don't need to worry about it.
So Diane talks about two more months that I cannot be sued.
Um, you're talking about a statute of limitations on different states have different rules regarding requiring a collector, a creditor, they have to file a lawsuit within a certain amount of time after you incur the debt or after you last made a payment. It varies from state to state. But I explain to people that, you know, that's fine. You know, I don't want people to be sued, you know, but it doesn't matter if you're sued or not. Your income is still safe. Okay?
So, Jimmy asks, "Eric, in the event one gets sued, how would one go about filing a challenge of garnishment claim exemption with the court?" Well, you don't need to. Okay. As long as you keep the balance in your account, uh, uh, Jimmy, less than twice amount of your federal benefit, your bank will automatically protect that without you having to do anything.
Now, if you happen to have more than that in that account, you call helps.
Um, we'd explain to you how to file a challenge of garnishment or claim exemption with the court. We don't have to do that very often because most of our clients, you know, if you got 1,500 in social security each month, 3,000 is protected in your bank account.
So, how do you go about doing it? Well, if you do get garnished and you did have money over and above the amount that's protected, every state has rules that require you to file a claim exemption or challenge or garnishment within so many days. It could be uh, you know, I don't know, 20 days, 2 weeks, 3 weeks, a month, 30 days, but usually it's pretty quick. So, you can't wait.
Okay. Um, we help people do that when that when that happens. But I don't want you to be nervous about it. It's not going to happen. I mean, it's really unlikely.
And the reason is one thing reason when you when you enroll in help, we send a letter to the people you owe money to let them know your income's protected. I kind of think that makes it less likely they would choose to sue you because they if anyone read it and thought about they realize, well, it's a waste of time to sue this guy because, you know, he knows his rights. We're not going to be able to fool him. But if they did sue you and you did owe the money, then we'd want you to keep it less than twice the amount in there so it's protected automatically.
And Diane talks about, you know, different states have different rules.
says, um, New York State 44 4,080 44 480 is protected. Was it yesterday? Um, someone told me there was a one state that automatically protects $1,000 in a bank account from a garnishment.
Okay? Automatically. But remember, there's a federal rule that protects twice the amount for person of any age.
But remember, if you're a senior and get social security or pay or a federal benefit like a VA benefit or social security or federal retirement post office retail worker or a federal worker, twice the amount you get each month is protected automatically.
Um, your ABLE account is going to be protected.
So, this person writes, "I don't know from where."
Uh, I watch your videos and appreciate all the helpful information. I am inundated with calls from collection agencies.
It's so bad.
Every time I check my voicemail or use a cell phone, almost immediately they make a call which I don't answer and then immediately they I don't know how they'd know that you were making that you were on the phone. But anyway, um I said if I don't answer it, they immediately make another call from a different number which I don't answer either. I'm afraid to use my phone and never answer if the call number is unknown to me. Well, yeah, do that.
Okay. I do have some bad debt from around 2018.
Her husband passed away.
Only get social security.
Is there some way to stop these incessant [snorts] phone calls so I don't panic when my phone rings?
I make all my payments on time now and I'm able to live within my means since my grandson is grown. Uh or regular payment. Well, okay.
Yeah, when you when we send the cease and desist letter, the phone calls are going to are going to stop. I mean, there's enough people listening to me right now that are members of helps that can say, "Eric, yes, that's right."
Okay. The the only exception might be a payday loan. Okay. Sometimes they break the law. Some of them are based overseas, so they can't be sued.
See, if if we send them a cease and desist letter and they call you or send you a demand, they can be sued for money. So, they generally stop and once they realize, you know, we send them a cease and desist letter, they realize, you know, your rights, the the calls are going to stop. Okay?
Can a pulled income trust be garnished?
No.
The whole the whole purpose of a trust is so that the money is held by a third party. And one of the first thing you learn in law school is that there's a there's a clause in a trust which is called a spend thrift clause which means the trust says that it the money in the trust can't be taken from any any creditor that you owe money to. Okay?
So, no, you don't need to worry about money, but you don't need normally a senior wouldn't need to set up a trust.
A person says they they just got sued and they're unable to pay their other credit cards. says, "I just received a lawsuit and it says I have to answer within 20 days.
I need help responding to the lawsuit.
Writing an answer and figuring out where to deliver it to. Thank you." Well, you really don't need that help. You know, if you what we're going to tell you is that do you owe the money? And the answer is going to be yes. We're going to say your what's your income? Social Security disability.
Uh do you ever have more than twice the amount of your social security in your bank account any one time? No, Mr. Olson. No, I don't. Well, you you don't need to file an answer. You owe the money. Even if you went to court and filed an answer, you went to a trial, they're going to owe say that you owe the money. So, it's kind of embarrassing when you don't need to be embarrassed.
If you do nothing, they can get a judgment, but they can't collect from you. They're judgment proof.
Now, the lawsuit says pretty much that that you don't have to file an answer.
Um, but if you read it, sometimes it's buried in the language. Sometimes it doesn't even say it. But no, you don't you don't have to file an answer. You owe the money. And why don't you have to worry about it? Well, because your income's protected.
I sometimes I'll tell people, you can be sued by 100 different creditors for $100 million. If your income's protected, it's protected. It doesn't matter who you owe money to.
Now, are there exceptions? Well, not really. I mean, um, I've already talked about taxes, which is which can be dealt with.
Um, the only other exception could be, um, if you ch child support an alimony, but that just doesn't happen very often.
Okay.
What if you happen if you owe a court fine? No, they can't collect from you.
No.
Okay, this person writes in they've got 55,000 in unsecured debt.
He's 79 and his wife is 77.
They get their their income they get quite a bit of income.
uh 50,000 per year, you know, not that's not a lot, but for a lot of our clients, that's a lot. Okay. From social security and retirement income says, but owing that much debt would be difficult to pay and being able to maintain a household due due to inflation and medical dental costs. We've fallen behind on credit card payments over the past three months.
I'm I'm getting a lot of collection calls, emails, and letters from creditors.
I'd like to explore your way of dealing with this debt obligation and compare it to Chapter 7.
I would like not to have to pay the approximately $2,000 associated with that. If you file bankruptcy for $2,000, it's pretty cheap. Looking forward to your advice. Well, you don't need to file bankruptcy. I mean, um, I remember when I was doing bankruptcy, I'd see people go to the first meeting of creditors for the bankruptcy hearing and they're 70 or 80s. I'd wonder why are you there? They don't need to be there.
Okay. Um, these creditors can't collect anything from you. You can stop us from bothering you. Okay.
Um, so how how how do we work?
Pretty simple. You call us on the phone.
The number down below. Uh, we've got attorneys and we got parallegals that are very experienced. We're the only law firm in the nation that does what we do.
We don't turn anyone away that needs this help.
and we're going to ask you some basic questions and we're going to save that information because sometimes people call us two, three, four, five, six times over a few months or even a few years before they realize they're going to need help. Okay? We're going to ask you like your age, what state you live in, what's your source of income, if you've been sued, are you buying a home or renting, buying a car, own a car? You know, it's not that we're snooping. We just need to know this information because we want to give you the information you need. Like maybe you're buying a time share and we tell you, hey, you don't you don't need to pay the time share anymore. Maybe you got a car that you a whole lot more money on than it's worth and you you can't afford the car.
No.
Um, can't afford the car.
And then uh we're going to read you what we do.
And then um you if you decide to enroll, you know, it will save the information. You call back, ask more questions, check us out more. And when you decide to enroll, we're going to the only thing we're going to need is your last four digits of your social security number. Now, why do we need that? Because sometimes a creditor that we send a cease and desist letter to will they'll call us on the phone and they'll want to verify that we actually represent you and that's kind of a standard way to know if you've got if you got the last person's last four digits of social security number.
Obviously you've talked to them and you've got that information. And uh we like to have the month that you're born.
Uh your physical mailing address because when you enroll in it helps we just enroll you over the phone. We keep you on the line. We push a button, you're going to get an email immediately says welcome to helps, but we like to we send you a letter too. Okay?
And then you understand we represent you ongoing. Helps isn't just a one-time thing. The only way helps work only how only way this works is if we can represent our clients literally forever.
So we've got lots of clients from way back in 2012, 2013, 2014. you know, obviously we don't get a too many calls from those clients because um the information is, you know, the creditors have stopped bothering them or they understand their rights and they realize, but if they ever have a question or concern, they would get a hold of us. We'd answer their question so that they didn't need to worry about it. Okay.
currently using a consumer credit company with they call it Goodwill to distribute payments to credit cards. I send them $650 a month and they pay my cards. I'm approximately $ 35,000 in debt. I receive survivors benefits from my s my husband. social security and just seeing if bankruptcy would be an option.
Well, you know, it might be an option, but is it, you know, you can also do you need a sledgehammer to kill a gnat?
No. So, you need fly slaughter.
Bankruptcy. Bankruptcy is like in using a sledgehammer to kill a fly.
And it's hard to kill a fly with a sledgehammer. But with a flatter, it's pretty easy, right?
Or raid, you know. So that's what helps us. We're kind of like that flat none helps. And it's a lot cheaper, too.
Okay. Or free.
So um we tell this person to get a hold of us. They could stop paying this company.
One of the things we'd ask them is when you enrolled with this company that's debt management company, did they tell you that your social security benefits were protected and you didn't need to pay the debt? The person's going to tell us no, they didn't tell that. Of course, they don't tell you that.
I think about a third of their clients are seniors that are on social security.
I know that by looking at some of their financial statements for the nonprofit.
Sometimes they disclose uh the age of clients that they help. I don't think I haven't seen him do it lately, but they used to.
Okay.
If I enroll my sister and she doesn't have an email, how does that work?
Uh we actually have we text people and we have an abbreviated moment form on a text or you know sometimes we'll use a relative's email. If you're close to your sister we mail it to you and you can show it to your sister and and we can also do the mail too.
You know has been around since 2012.
I've been attorney since 1978. Uh, but as as we get older, I've noticed there's a lot more seniors are a lot more computer savvy than they were back in 2012.
And I imagine another 10 years from now, [snorts] there won't be too many seniors that don't have email. Right now, it is extremely rare to find an email senior that doesn't have email. I've been known to to get our tech guy that our tech guy for helps who happens to be my youngest son.
I've been known to tell him, "Derek, please call this person and get them set up on his email and tell him how to do it. It'll change their life. He doesn't like to do it, but he'll do it." Now, we don't I'm sorry I said that, but uh but we we want to help our seniors. You um but we like to text. A lot of seniors like to text.
They get us their credit. When you get us the credits, you can fax them, email them, mail them, text them. We have a form that you can fill out, write their name and address down there, but you can just take a picture with your phone in the bill and just text it to us. Doesn't matter. We make it easy.
We'll go for another five minutes. I've got to leave early today.
person says, "I have an attorney who just sent me a court document about an unpaid judgment. I was sued in small claims court and and lost. I do not have the money to pay it and now the collector is su is trying to get me uh trying to get me to pay. I need help and cannot and afford an attorney because you okay they if you're on social security you can't they can't take money from you know if we have five clients that call us uh maybe one is current on everything three or four are behind maybe one out of five has been sued and if you've been sued then you get us the a copy of the lawsuit or the all we need is the name address and case number and we're going to send a letter to the attorney that sued you. We're going to let them know your income is protected. You're not going to pay the debt. So, you're not you don't need to go to court. You don't need to worry. And then you can call us as often as you want. We'll explain to you why.
Whole purpose of helps is I The only reason I started helps was so that seniors wouldn't have to worry. They'd always have someone to call.
Um, so I my mail was compromised even though I put a change of address for the post office. Three years later I got a bill from the collection company to pay. I plan on paying. Isn't the right Isn't it the right thing to do?
Yeah, if you want to pay. I'm not I don't tell people that they shouldn't pay their debt. But if you But what helps is designed for is for seniors that simply aren't able to do that or they'd have to sacrifice their basic needs, their food, their medicine, utilities, gas for the car, be able to get to the doctor.
See, a lot of seniors have minimal income. Almost half have incomes within 200% of the poverty line, which is really, really low income. Those are the seniors that helps helps.
And then also depends on the state where you live in. You know, you can live in San Diego, California, and have, you know, $10,000 a month and you're still poor because it's expensive place to live. But you might live somewhere in the in the Midwest or South or depending different parts of the country, uh, where it's cheaper to live. So um person says, "I'm retired senior citizen. My income comes from social security in the state of Florida. Do I have to reply to court summons and the lawyer?" No. No, you don't have to.
Please let me know.
person writes in says, "I'm 72 years old and have a condition with my heart for the last several years. I'm divorced. My income is from social security. I don't have much savings and I and I have over $17,000 in debt, credit cards from my marriage. I need someone to help me.
Please call. We're going to call them and go over their situation.
I don't want you to worry.
My husband has a judgment from Bank of America, but he hasn't been working since for the last year because he got diagnosed with Alzheimer's.
I've tried to make payment arrangements with them to stop the judgment from garnishing our bank account, but they won't take less than $123 and I can't afford to pay this amount. What can I do? Texas person from Texas.
You don't need to pay him. Remember, I've explained how your bank account is protected.
So, if this isn't for you, I want you to remember what I've talked about and share this information with others.
Uh, I'm sure a majority of the seniors don't realize that their retirement income is protected. Or they may think it's protected, but they think if someone sues them and gets a judgment, it can be taken from them. It can't be.
I want you to remember that.
And if it if you talk to a friend or relative or someone that has these kind of problems and they don't understand this stuff, you know, tell them about helps, tell them to call us. Uh, we want to be able to help as many seniors as we can.
There's there's just so much misinformation on the internet.
You know, I share almost every day I I'll share articles. Just look at look at our past email. Look at our past videos, our YouTube videos where I I show I did one yesterday where this guy that worked for Experience for 10 years and he said, "Well, gee, you know, if you co-mingle funds in your bank account, there's a judgment they can take the money out of your bank account." Well, he dead wrong.
Okay. So, you know, 90% of what he said was right, but the stuff that had to do with seniors, he was he was wrong. Okay.
Um, the attorneys at HELPS have been representing seniors who have step problems for decades.
48 years for me. Our other seniors, 30 years, you know.
20 years, decades, and and we're attorneys who deal with seniors who've been sued and we filed bankruptcy for them. So, we know the laws. We know why they don't need a bankruptcy person. And I'll end with this one. I said I was going to end early today because I I have an obligation.
Uh, if you're judgment proof social security only and no assets, is it worth time and money to file chapter 7? No.
I I mean, I could think of a case where it might be, but it's pretty rare.
Pretty rare. You call You can always call and talk to us.
Okay. So, please press the like button.
Tomorrow, our YouTube live will be two hours later.
But we're going to be able to help you.
God bless and have a wonderful day. Bye.
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