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Can a SBA disaster loan garnish Social Security Disability?
The financial management service of the treasury dept. is threatening garnish my social security disability check if i don't pay them 110,000.00 which mostly interest. I have a heart condition and unable to work, lost business and sold house in short sale and gave them 13,421.22 dollars and that is all i could pay because they were the 3rd mortgage and they excepted the money now they want threaten me with a garnishment is there anything i can do to stop this.
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Answer All SS benefits are exempt from judgment creditors under federal law. They cannot be garnished nor can a bank account holding such funds be levied by… a judgment order. A judgment creditor who knowingly attempts to seize exempted funds by means of a judgment order can be sued by the judgment debtor. Likewise any bank or financial institution that knowingly releases such protected funds can also be sued for damages incurred by the beneficiary and/or his or her family.
Yes, but only the federal government can garnish your Social Security check, and only for limited purposes, such as payment of child support, alimony, delinquent taxes, and de…bt to other federal agencies. Federal law prohibits creditors from garnishing social benefit checks, such as Social Security, unemployment, workers' compensation, SSI, VA benefits, and so on. The problem is that unethical creditors sometimes freeze and levy a bank account after the benefit is deposited and beyond Social Security's protection. Not only will the creditors suck money from your account, but the bank may charge penalties and fees for the garnishment and any checks that bounce. If this happens, you'll need to file a "waiver of garnishment" and get a court order to stop the action and get your money back. You can also notify the creditor that the income is from Social Security and protected from garnishment under federal law, and ask the bank to unfreeze your account (all in writing). Contact your nearest Legal Aid Society for assistance. If you can't afford to pay, they will assist you at no cost.
AS SOMEONE WHO USED TO WORK FOR THE DEPT OF EDUCATION. IT IS TRUE, BECAUSE THE DEPT OF EDUCATION IS A FEDERAL AGENCY AND SSI AND DISS IS CONSIDERED TO BE A FEDERAL APPRO…VED PROGRAM, THEY ARE ALLOWED TO INTERCEPT IT UP TO 25% BASED ON THE AMOUNT YOU GET MONTHLY. IF THIS DOES OCCUR, THE OFFSET (GARNISHMENT) WILL CONTINUE UNTIL THE FULL BALANCE OF THE LOAN IS PAID OFF OR YOU DIE! SO BEST THING TO DO IS PAY BEFORE THIS HAPPENS. - THEY ALLOW YOU A 65 DAY PERIOD FROM THE DAY THE LETTER IS MAILED OUT TO YOUR HOME ADDRESS, TO GET ON AN APPROVED ARRANGMENT FOR YOU LOAN.
Answer No. All Social Security (SS, SSD, SSI) are protected by federal law from attachment for creditor 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). Additional Information I only work as a paralegal at a judgment recovery firm which handles wage garnishments and bank account garnishments to collect money from judgments which have already been settled, I am not an attorney and I recommend you speak to one for legal advice. With that said, the basic answer is no they cannot. When pursuing for instance a bank account garnishment the law firm is required to send you a form notifying you of the garnishment action and included in this paperwork are some discovery forms where you will be asked a series of questions which they use to try and find other ways to collect such as other accounts you may have, etc. Included in this discovery is a form called "Claim of Exemption" where you have the option of saying that you are exempt from all or part of the garnishment because of reasons that you check off or write in. One of the options is social security benefits, which are specifically listed as exemptable income. Among various other things once you file this you say that they cannot take this money. Your money will remain frozen which is what happens when they move to garnish your account. The simple act of filing this though will prevent them from moving for a final judgment of garnishment which moves to actually have bank take the frozen money and send it to the firm. Now in my experience there are plenty bogus exemption claims, but when the exemption was for social security payments and the claim was valid, the case is usually dropped. occasionally usually on demand by the client the firm may move ahead with a hearing for an objection to your claim of exemption but if the claim is valid then even when defendants appear pro se (without an attorney) the exemption claim has ALWAYS been sustained by the judge and the objection overturned and soon after your money will no longer be frozen. Once again I advise you to speak to a licensed attorney for legal advice, this is just what I observe at our particular office as ONLY a paralegal. Good luck.
The answer is NO, SSI will NEVER be garnished, except to repay SSI overpayments, which can be recovered by a 10% reduction of benefits. SSI will NEVER be garnished for student… loans, back taxes, etc. Regular social security payments (NOT SSI) can be garnished IF you draw MORE than $750/month. If you make LESS than $750/month, nothing can be taken from your earnings. A garnishment can take 15% or the amount OVER $750, whichever is less to repay a "non-tax" debt, such as a student loan.
What if your only income is social security disability and you have to turn in your car can they garnish your social security?
Answer Social security disability is protected from garnishment in judgments. The only unknown I have in answering this is if the debt is for a student loan, or IRS related a…nd or related to child support payments. Those types of loans/are not even protected if you file bankruptcy. But if your social security income is put into a bank and you deposit other funds then a judgment can be made against the funds in that account as it is not virgin SSI money it is mixed funds and can potentially be seized. Or will cost you time and money (lawyer fees) to prove it is only SSI money. If you need to protect you SSDI funds open a fresh account and set up automatic deposits into that new account, the NEVER, I repeat never ever deposit any non-SSI funds in that account. Never transfer money into that account from another account either (also important). This is very important i you need to cash check from time to time open a second account to deposit funds into, then spend down those funds while leaving you protected funds alone, worse case if a company gets a judgment against you and is allow possession of your bank account they can only touch the non-ssi account. Pay you rent out of the non ssi account, pay for food gas et.. until those funds are spent down then go back to paying you bills using you SSI account. You may be required to open the account with a minimum deposit, you can open it with an actual SSI check or in my case I opened the account with $1.00 and the next funding was a direct deposit from Social Security. Worse case scenario if they claimed mixed funds, sure they can get a $1.00 from me....it will cost them a lot in legal expenses to get that buck though. More Information Your question suggests you're asking whether a commercial creditor can garnish your Social Security check for the outstanding balance on an auto loan. The answer is no. Only the federal government can garnish your Social Security check, and only for limited purposes, such as payment of child support, alimony, delinquent taxes, and debt to other federal agencies. The problem, as the first contributor mentioned, is that collectors may freeze and levy your account after the check is deposited (or direct deposit posted). The Treasury Department planned to implement new rules in 2010 preventing banks from freezing an account that receives federal benefit deposits without evaluating the past 60 days deposits. They would be required to protect any amount equal to the non-attachable deposits (whether that money had already been spent or not). Unfortunately, there's been little mention of the procedure since May 2010. Barring voluntary cooperation from your bank, you can file a "waiver of garnishment" with help from your nearest Legal Aid Society and get a court order stopping the action. You can also notify the creditor that the income is from Social Security, and protected by federal law, and ask the bank to unfreeze your account (all in writing). The process can sometimes take awhile, but you do have legal recourse, so don't allow unethical collectors to take advantage of you. Your Legal Aid Society will not cost you a fortune in legal bills; if you can't afford to pay, they will assist you for free. For more information, see Related Links, below.
No, if the lender doesn't receive collateral from you - their only recourse to recover the debt is small claims court. If they do open a claim against you in small claims cour…t and win, the judge could issue a writ of garnishment for a percentage of your social security disability payments - however that is incredibly unlikely. Unless you also have a "day job" source of income, you are not the ideal customer for a payday loan lender - keep that in mind when seeking them.
Generally not, except for Federal debts (Federal taxes) and child support or alimony. Generally, Social Security benefits are exempt from execution, levy, attachmen…t, 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." However, section 6331 of the Internal Revenue Code of 1954 (26 U.S.C. 6331) which was enacted into law on August 16, 1954, after the enactment of section 207, gives the Secretary of the Treasury the right to levy or seize for collection of delinquent Federal taxes, property, rights to property, whether real or personal, tangible, or intangible and the right to make successive levies and seizures until the amount due, together with all expenses, is fully paid.
Answer All SS benefits are exempt from creditor actions. However a vehicle and a house are considered secured debt and can be subjected to seizure and possi…ble sale by the lender.
Answer . Why are the being sued?. past due on auto loans. They can be sued. I think your question is - if they win the judgement, can they garnish the SSI payment. NO. Se…e link for citation
yes, in a way it can be garnished. my brother wrote some bad checks went to court over it and they garnished his check after it hit his bank account. the bank and the court ha…d it set up to where the amount would be withdrawn shortly after the deposit was made. ....NO, only if you fail to answer a court hearing and get a judgement against you, THEN, fail to invoke your exemption status ! Only in the cases of back taxes and back child support can Social Security be taken from your account. That is, unless you fail to claim your exemption, then the bank will forward it on ..gotta get off your a$$ to the the above answer.
Yes, if it was a federally insured student loan or a federal student loan, within limits. Often what occurs is the monthly disability check will be reduced each month at an am…ount that allows one enough income for basic expenses and provide a sum for the repayment of the loan, until the loan is repaid in full.
Only federal government can garnish your Social Security check, and only for limited purposes, such as payment of child support, alimony, delinquent taxes, and debt to other f…ederal agencies. Federal law prohibits creditors from garnishing social benefit checks, such as Social Security, unemployment, workers' compensation, SSI, VA benefits, and so on 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. SSD and SS benefits of all types are 100% exempt from creditor attachment. They are protected by federal and state exemptions/laws.