What would you like to do?
Can Michigan pensions be garnished by a debt collector?
Not if it is creditor debt, such as credit cards.
Was this answer useful?
Follow
Do you think Selfie will serve as a springboard for up-and-coming social apps to jump to the spotlight?
View Full Interview
Can a debt collector garnish wages if they are not the original creditor?
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.
Is it against the law for a debt collector call you on Sunday in Michigan?
No, but follow this link to see when they can and can't call you. It's called the Fair Debt Collection Act. http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.sh…tm
Can pension benefit be garnished for a car loan 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...
What action should you take with a debt collector threatening a lawsuit and you are unemployed in Michigan?
If the debt collector is not the owner of the loan or credit card, and they are not a lawyer hired by the company holding the debt, it is illegal under the Fair Debt Collectio…n Practices Act for them to threaten to sue you. They do not have the legal ability or right to threaten to sue or to actually sue (unless, as I said, they are a law firm hired by the credit issuer or have purchased your debt.) If a non-lawyer debt collector threatens to sue you for the debt, you should immediately contact the Fair Trade Commission and report the collector. This means that, without letting them know what you intend to do, you will have to calmly get the debt collector's information: Company, Representative's name, phone number and address (if possible), and time and date that the threat happened. The FTC will want all of this information. Remember these basic rules: 1) Send a registered letter to the collector telling them they may only contact you via mail and may not contact your relatives or work by phone either. They must comply once you have received notice that your letter has been received. If they don't comply, report them to the FTC. 2) Never negotiate a payment plan if it has been seven years or more from the time the debt went into collection. They will try to trick you into this so that the clock is reset on the debt. Every time you make payment arrangements, you agree AGAIN that you have a debt and it will be another seven years before the debt is not legally collectable (it is 10 years in the case of taxes and other special circumstance debts). 3)Read the FDCPA booklet so you know what is allowed and what is not. It is important to know your rights! 4) Report EVERY infraction that a debt collector makes. It is free and can be done over the phone, on-line, or by mail. One last thing: If you are threatened with a lawsuit by a lawyer that represents someone that hold your credit note, demand a copy of the original contract, the one with your signature. They may not be able to provide it which may lead to the debt being nullified (this means a possible court date). Even if they can get you a copy, the law says that all court proceedings must HALT for up to 30 days. This can, at least, give you some time to collect yourself and file a case of your own or what have you. If necessary, it gives you enough time to file bankruptcy and eliminate the debt altogether (this is a last resort remember). of course remember the best action was always to pay debt you owe.
Can disability from a pension plan be garnished?
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.
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).
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.
Can pension benefits be garnished for a credit card debt?
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.
Are pension benefits subject to garnishment for credit card debt?
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.)
Mike McGath
+ 7 others
found this useful
How do you find the debt collector that has your debt?
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.
Can a debt collector garnish your pension?
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 .
Shane Chagdes
+ 21 others
found this useful
Can the ontario teachers pension be garnished?
Only by the CRA not by private businesses such as credit card companies.
Answered
Can Social Security Disability benefits or pension be garnished for creditor debt?
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
Answered
Can a disability pension be garnished?
No.
Answered
Can Canada pension be garnished for debt?
no
Answered
What percentage of your wages can a debt collector garnish in the state of Arizona?
Answer The state allows for the maximum federal amount of 25% of disposable income. The court reserves the power to reduce the percentage to a minimum of 1…5% if the garnishee can provide evidence that a higher rate would constitute an undue hardship upon themselves and/or dependents. (A.R.S. ~12-1598)
Answered
In Unemployment
In Michigan can unemployment compensation be garnished for credit card debt?
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.