What would you like to do?
Can Michigan pensions be garnished by a debt collector?
Answer Yes. If they sue the debtor and win a judgment the creditor or collector can execute the judgment in accordance with the laws of the debt…or's state. Texas, Pennsylvania, South Carolina and North Carolina are the only US states that do not allow wage garnishment for creditor debt.
No I no this is true yet a one Calvary collection agency is threatening to sue.. And force me to pay I am sick of scam corporations threatening people that have already lost w…hat they had weather its a house or car or credit from a loan these people should have known that there high interest rate on there loan would cause a default making it there fault and i am sick of hearing about these criminals harassing Americans that have already lost there good name-- from fraud. It is not these people who should suffer but the corporations that made them pay-- ten times the amount of what that thing was they gave; Whether money or good's its a crime' to charge a person for something they could never have ever been able to pay. period. I am a friend of the above stop this practice now...
Generally now with a few exceptions, depending on where you live. Here is the pecking order for garnishments: 1) Taxes 2) Criminal Fines (Usually related to restitution …or fraud) 3) Child Support (limited amount can be taken - depends on the other two) 4) Punitive law suits 5) Creditor action from judgments All those can be taken from your benefit check(s). Some states may allow other garnishments but usually they follow federal laws. If it is a simple debt like a credit card, your 401K and disability cannot be touched. If you hurt or kill someone while you are driving drunk, you cannot escape having to pay, which is proper and just. Most jurisdictions require an extra 10% of the garnishment to be withheld, just in case. Example: you get garnered for $100. The courts force your bank to hold $110.00. Note: if you or your spouse own anything of significant value generally those can be forcibly taken, sold, and proceeds applied to the garnisher's claim by a Conversion of Collateral. If your spouse is financially well-to-do, it is quite possible they can take THEIR money to satisfy YOUR problem, if you have a joint bank account or file tax returns jointly.
I have credit card debt and I let the bank reposses my home. Can the creditors garnish my disability and pension plan payments be garnished?
Answer Credit card companies can't touch your bank account. They can threaten and do many other things like garnish your wages (if you have a job), send you to collecti…ons, etc, but they can't take money from your bank account. Answer Creditor judgments can be executed as bank account levies in every state. The only exception in a very few states are accounts of married couples that are held as TBE. However, all SS, VA, RRB, and most private pensions and all government disability, supplemental income, etc. are exempt from garnishment for creditor debt in all states. Please be advised, SS, VA, RRB, and other retirement and disability benefits should NEVER be commingled with other funds in bank accounts. When such benefits are mixed with other income the creditor can request the account be frozen and the judge rule on what portion of funds are legally exempt.
Garnishing Pension Payments The short answer is NO. All Social Security benefits and most private pensions are exempt from creditor judgments. SS, SSi…, SSD are all completely exempt from any garnishment or seizure. On the other hand, your pension depends on the type and what your state statutes allow for exemptions. Every state has set exemptions for Chapter 11, 7, 13, these also apply to any judgment granted in a lawsuit. More than likely your pension will be completely exempt. The poster might wish to contact their state's department of senior services to learn what assistance might be available to the involved parties. Also consulting the Fair Debt Collection Practices Act might be helpful in dealing with aggressive collection agencies.
Can senior citizen's Social Security and pension benefits be garnished for non payment of credit card debt?
No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security… Act (42 U.S.C. 407).
Answer No. * All Social Security benefits, RRB, government civilian, military, all disability and some private pensions are not… subject to creditor action. States establish exemption laws, therefore some private pension plans are not fully protected by federal law and can be subject to creditor garnishment. All such benefits should be held in a separate account and made by automatic deposit. Exempted income should never be commingled with other funds, as this can result in a bank account being "frozen" by the court until an assessment is made as to what percentage of the funds are exempt from garnisment. (Exemption laws do not apply to federal or state tax arrearages, child support or in some cases spousal maintenance.)
1. Open your mail. Just because it looks like junk does not mean it is. 2. Order a copy of your credit report from one on the major credit reporting bureaus. An agency… has to "belong" to list your account, so the address and phone number will be able to be found on that. 3. Apply for a bank loan. Request a copy of your pulled credit report. This is cheaper than you ordering it, but worse for your credit rating.
Pensions can be garnished. They are considered taxable income. It is possible, however, that the amount of your pension doesn't allow for garnishment. There is a minimum incom…e limitation, and if you're under that amount, they cannot garnish. It also depends on the type of pension and exemption laws in your state. Some pensions are totally exempt from garnishment for commercial debt (but could be garnished for child support or alimony). You really need to check your state laws. Many states protect certain pensions or a portion from garnishment just as federal law protects social security benefits, military retirement and veterans benefits from garnishment for commercial debt. Contact a legal professional to get the best .
Generally, no, but pension payments should be kept separate from other monies. Government provided benefits are protected from garnishment. Private pensions are also protected… from garnishment in most states. However, if the pension payment is made to an account which has non-pension monies in the account, there are legal difficulties in differentiating between the protected monies and un-protected monies, creating a collection (but not garnishment) opportunity.
Only by the CRA not by private businesses such as credit card companies.
Answer No. All Social Security benefits (SS,SSD,SSI) are protected by federal law and are exempt to creditor action. This does not apply to federal or state tax arrearages o…r court ordered child support. - - - - - - - - Generally no. HOWEVER - they can be garnished for payment of debts owed to the federal government (taxes, federal loans, etc) AND for the nonpayment of child support or alimony. - - - - - - - - Social Security benefits of any type cannot be garnished for creditor debt, they are protected against such action by federal law. Solution to protect your Social Security from creditors:1- electronic deposit to checking account. 2-withdraw what you don't need to cover in bills. place into interest bearing savings account NOT RELATED YOUR CHECKING ACCOUNT, (different bank) or put it in your mattress. I DISAGREE IN PART TO THE SOLUTIONS, HERE'S WHY: If you know a judgment/garnishment is coming, get your money out fast and do not deposit your check into ANY Bank or Credit Union account in order to protect it, separate account, or otherwise, until you have a working solution you are comfortable with. While it is true that SSDI monthly benefits and arrearages are protected from most garnishments by Federal Statue, BANK ACCOUNTS ARE NOT! Therefore, you could find your bank account frozen and the your money withdrawn by creditors, even if the money is in a joint account. The check and the benefits are protected, but once they are deposited into a bank account they are fair game to levy/garnish by creditors. It may take the filing of court papers, a lengthly process, and time without your money if you are able to prove the origin of the money. Three options I can think of are: 1. Notify via certified mail/return receipt requested your bank, the creditor, their lawyers, and the court that the funds in the specified accounts are exempt from garnishment/attachment per Federal Statute. Open a brand new account and set up direct deposit to prevent "commingling" of funds from any other sources. 2. Change the method of receipt of your funds to the Debit Card for people without bank accounts offered by the SSA. Money is filled into the card which is used just like a MAC Debit card. 3. Store the money under your mattress. I agree the govement only can take there money if it's loans from the usa but if it's like civil matters they can not touch you what so ever no matter what even if a judge has order a seizoure of your accounts you can call the ssdi people and they will stop it child support can be garnished as well but there is a way to stop it too i have seen it done
Answer It's my general understanding that in the US no debts except public taxes can be collected against the proceeds of a pension account. The Brown and Goldma…n families have been trying for ages to get at [[O. J. Simpson]]'s NFL pension. TINLA. - [[User:188.8.131.52|184.108.40.206]] 05:57, 13 Aug 2007 (UTC)
According to the Related Link below, your unemployment benefit cannot be garnished before receiving it but, apparently the account it's deposited in, can be, especially if it …is commingled with other funds.