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Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation. Section 207 of the Social Security Act provides: "The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."
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bs i had student loans being garnished from my disabilty ss
Can your Social Security Disability benefits be garnished to reimburse your ex-wife after she has already repaid her medical bills?
Answer Maybe. Although SSD and all other SS and private disability benefits are exempt from garnishment by creditors by federal and state laws, the laws do …not apply to child support and/or spousal maintenance. Therefore, what action if any the ex-spouse can take against SSD benefits depends upon the terms of the spousal alimony/maintenance order.
Answer NO! First of all a collection agency does not have legal power to attach or seize any property belonging to a debtor. Due process o…f law must be followed, meaning a lawsuit. If the creditor wins the suit (they always do) a judgment is entered against the debtor. The judgment creditor can then execute the writ against any non exempt property belonging to the debtor. All SS benefits are 100% exempt from creditor action of any sort. The collector/agency should be reported to the attorney general's office of the state in which the debtor resides, as they have violated the FDCPA by making false statements, using coercion and intimidation tactics and so forth. Answer No. All Social Security Benefits are exempted by Federal Statutes from creditor action....by Macky (firstname.lastname@example.org)
Answer No. All SS, SSD and SSI are exempt from creditor action.
Answer It depends upon the circumstances under which thegarnishment writ was executed. The exemption of account monies isnot "automatic", the judgment debtor is responsible fo…r notifyingthe judgment creditor, the court and the bank of accounts thatcontain funds that are legally exempted from attachment. If the SSbenefits were commingled in the account with non exempt monies thegarnishment (levy) is valid. The judgment debtor can file anaffidavit with the court where the garnishment writ was granted tohave any seized exempted funds returned, but this must be donewithin the time limit allowed by the laws of the state in which theaccount is located. If the creditor executed the writ knowing thatthe funds were exempt and the bank released the funds with thatsame knowledge, both can be held liable for any financial damageincurred by the judgment debtor due to the invalid levy. [edited by Ron King] "Sec. 207 . [42 U.S.C. 407] (a) The right of any person to any future payment under thistitle shall not be transferable or assignable, at law or in equity,and none of the moneys paid or payable or rights existing underthis title shall be subject to execution, levy, attachment,garnishment, or other legal process, or to the operation of anybankruptcy or insolvency law." The only exceptions allowed to date are for Child Support paymentsand federal taxes. So, no, SS benefits are NOT subject togarnishment in ANY State of the Union. Furthermore, SS benefits areNOT subject to attachment via any court proceeding. The U.S.Supreme Court has held that Social Security funds deposited into abank account "retained the quality of moneys' within the purview ofsection 407[.]" Philpott v. Essex County Welfare Bd., 409 U.S. 413, 93 S.Ct.590, 34 L.Ed.2d 608 (1973). Courts have also held that the fundsremain exempt from legal process even if they are commingled in abank account with other funds, so long as they are reasonablytraceable to Social Security. NCNBFin. Servs. V. Shumate, 829 F.Supp. 178 (W.D. Va. 1993), affd. 45 F.3d 427, cert. Denied 115 S.Ct. 2616. If your bank has put a hold on the funds but not delivered them tothe court, you can have them reverse the hold and report the fundswere not available for attachment. Any fees associated with theimproper hold may also be reversed and NSF fees from payees on youraccount(s) may be demanded from your bank. Your bank is responsiblefor KNOWING [42 U.S.C. 407] (a) and therefore cannot claim ignorance of the status of yourdeposits. Liability for compliance with [42 U.S.C. 407] (a) attaches upon acceptance of your deposit.
Can a bank account be garnish for a medical bill if my only income is from Social Security Widow Benefits and I am also disabled in the state of Georgia?
Yes AND no. Generally speaking, Social Security benefits are exempt from liens EXCEPT federal taxes. However, you will probably have to prove that ALL the money in your bank a…ccount comes from NOTHING but the SS payments.
Social Security cannot be garnished by ordinary creditors. It can be garnished: - for unpaid child support or alimony. - for court-ordered victim restitu…tion. - to collect unpaid federal taxes or other debts to the government.
No, they are protected from creditor judgments under federal statutes. However, all Social Security benefits awarded to a non custodial parent are subject to gar…nishment for child support obligations.
Once a garnishment order that involves federal matters is executed it remains in affect until the debt is paid in full or the debt is forgiven under the existing laws for fede…ral student loans. In rare cases debt for federally funded student loans are cancelled when it can be proven by the debtor that he or she due to some extreme circumstances (physical impairment for example) will never be able to meet the financial obligation.
Federal laws protect Social Security benefits in all 50 states, including Michigan. Only the Treasury Department may garnish your check, and only for limited reasons, such as:… Unpaid child supportUnpaid alimonyDelinquent federal taxesDebit owed to other federal departments Regular creditors may not garnish your Social Security benefits, but they have been known to freeze and levy recipients' bank accounts after the check has been deposited, or direct deposit made. If this happens, you will need to go to court to stop them. One good way to protect your benefits is to open a bank account used solely for Social Security benefits, and use a separate account for any other forms of income you may have. If anyone threatens to take your check, tell them such action would be a violation of Section 207 of the Social Security Act (42 U.S.C. 407).
Can a collection agency garnish Social Security Disability benefits for medical bills in the State of Tennessee?
No. However, the debtor must provide documentation to the court at the time of final judgment notice that the funds that are in jeopardy of being attached are exempt under fed…eral law. Beneficiaries of such funds should always keep them separate from all other monies and have the bank account noted accordingly.
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).
No. Federal law prohibits a court from ordering that any government subsidy be used for the payment of a debt.
If the question refers to a civil judgment for debt the answer would be no. All Social Security benefits are exempt from garnishment by creditors. If the question relates …to child support obligations all SS benefits are subject to garnishment. In matters of personal injury awards depending upon the circumstances of the case SS benefits may subject to garnishment.