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Can a credit card company garnish a person's disability or social security check?
If your only source of income is Social Security disability payments can the credit card companies take these payments to pay off your debts to them?
Answer No, ALL Social Security benefits are exempt from creditor attachment. The person should take care to not commingle funds in a bank account. For SS be…nefits to be completely protected they should be kept in a separate account, and the bank notified of the account deposit status. Any SS or private disability benefits are mixed with other funds, the person should be aware that bank accounts are subject to garnishment and therefore all SS benefits deposited in said account should be clearly identified as such.
Summary: No, they can't take your check. Unless they sue you and get a judgement they can't garnish anything. Neither a private pension nor Social Security would be attachab…le in the case of a creditor such as a bank or credit card issuer having a judgement. However, if the bank account it's deposited into has other funds it is possible that funds in that bank account that are not the proceeds of a pension or social security payment could be
Can credit card companies in the state of Florida garnish your pension and social security that are automatically deposited into a bank account if there is no other income?
Answer No, pensions and SS benefits are exempt from creditor garnishment. It is important that benefits are not commingled with any other funds. This needs… to be done to prevent the possibility of the account being frozen until the court rules on what portion of the funds is exempt from creditor action.
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.
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 (email@example.com)
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.
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.
All Social Security and Supplemental Security Income benefits are exempt from action for creditor debt. Most pension plans are also exempted, although some may only have a sp…ecified portion protected. States enact laws that establish which real and personal property can be exempted from creditor attachment. The same exemptions that the state of residency allows for bankruptcy action are the ones that apply to lawsuit judgments. In addition federal non-bankruptcy exemptions are allowed in most cases.
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.
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).
Can a credit card company garnish your Social Security and state retirement benefits or freeze your USA bank checking account while living abroad?
All SS benefits are exempt from private creditor action (benefits may be garnished for back alimony, child support, unpaid federal taxes and amounts due other federal agencie…s), most pension/retirement plans are also protected, although it is possible to garnish a portion of certain types. In regards to a bank account, if the account(s) are within the U.S. and are not held by a married couple in a state that recognizes TBE protection; the accounts could be subject to creditor levy if said creditor was awarded a lawsuit judgment. As an aside, any non-exempt property belonging to the debtor could be seized and liquidated or if real property be subjected to a lien(s)and possibly a forced sale. The debtor/defendant does not have to present in the U.S. to have a creditor lawsuit initiated and ruled upon, the defendant can have a default judgment entered against him if the plaintiff prevails. It is important to note that once a Social Security payment has been deposited into a bank account (either by check or direct deposit) it is no longer protected.
In Federal Laws
Yes but only for IRS debt and child support and only at 15%
yes,ssd backpay will be taken.ssi cannot be touched
No they cannot, and if they say they can they are lying. Tell them to leave you alone or you will call the better business bureau on them. Now, they can put a slam on yo…ur credit.
I'm sure the law must be the same for ss in every state. No !!! your social security can not be garnished by anyone but the United States Government. Period. The creditor can …get a judgment and put a hold on your acct in an attempt to garnish it. Stay calm and work with your bank. I had mine settled in a day. There is a form for you to check off informing the court that you truly do only have Social Security Deposits in the bank and no other income. If your bank is as good as mine they will walk you right through it. I am in the state of Oklahoma