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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 agencies), 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.
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Can a credit card company attach your bank account when the only income in the account comes from Social Security checks?
No. All SS benefits are 100% exempt from creditor action under federal and state statutes. Likewise workman's compensation insurance, disbility insurance, etc. Credit card co…mpanies in themselves cannot levy, garnish, or impede an individual's property. This can only be done by due process through the court of the person's resident state. The exception is a "set off" that can be used by a bank under specific circumstances. But this would NOT apply to SS benefits
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.
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.
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)
Can credit card companies garnish pension and social security benefits automatically deposited into your bank account in Tennessee?
Answer no way
Can a credit card company in the state of Maryland garnish your pension check that is automatically deposited into a bank account if there is no other income?
Can credit card companies in the state of VA garnish your pension and social security that are automatically deposited into a bank account if there is no other income?
The Credit Card agencies can not. They will need to take you to court and find you guilty of the theft of their money first. The added costs of interest and court fees along… with a small charge for the garnishment. The bigger issue (to me anyway) is the damage it does to your credit rating. Future homes, any future loans and any possible job prospects are hurt when you steal money from a credit card agency and lose the credit score. The added cost to cards by people stiffing them for money they owe also costs those that pay money. If you have a legitimate beef with them, they will work with you. It is hard to get them to take you to court, but they do. I have an employee that went crazy with a credit card company. He was upset about $200.00 and would not pay it and would not try to work with them. After garnishment it cost him $1,600.00. It would have been cheaper to pay the money he owed.
Not without a court order.
Can a credit card garnish my individual checking account that has my son's social security check deposited in it for this month?
When a close family member was diagnosed with a terminal disease I relocated to be nearer him. I left a few of my finances for my fiancee to tend to. The Capital One Card had …my fiancee listed a authorized user. During this time, no payments was made even though I had sent money to make the payment. I did not update any of my information on the card account due to the fact I knew I was moving back at the passing of my father and had full belief in the person I was with. I was not spoken to by the credit card company at any time while payments wasn't being made. I was "served" with a court summons regarding garnishment , the court date was May 27, 2009, however I was in another state so I didn't receive the summons or I would have been there, I would have made arrangements with the credit card company before it reached this level of collections. I am accepting full responsibility of this issue and want it resolved, however I can't pay $4000.00 in one payment. My individual checking account was garnished, I had just moved back to my home and had not had time to set up a checking account for him so I deposited his check into my account this month, the money they "froze" was actually his. I haven't even obtained employment at this time due to my son's illness. Can I get my son's social security disability money back? Can I make arrangements with the credit card company to make payments instead of garnishing my wages and/or bank accounts if I supply them with documentation that I was in another state and was not aware of the issue at hand? I am in the state of Virginia. As I previously stated, I take full responsibility of this situation and want to make restitution of what I owed and charges that are reasonable but bogus. Most of all, I want to restore my credit. Thanks for any and all suggestions learning about life the hard way but none the less learning
Credit card companies could not garnish a retirement account at one time in Florida.
Credit card companies can't just seize people's money, but they can file a lawsuit to recover unpaid debts, and if a court orders it, money can then be seized.
Can a credit card company put a hold on a bank account if the only deposits are from retirement or social security?
No. All SS benefits are 100% exempt from creditor action under federal and state statutes. Likewise workman's compensation insurance, disbility insurance, etc. Credit card co…mpanies in themselves cannot levy, garnish, or impede an individual's property. This can only be done by due process through the court of the person's resident state. The exception is a "set off" that can be used by a bank under specific circumstances. But this would NOT apply to SS benefits. Added: Athough the above is a true statement regarding Social Security payments, be advised that your RETIREMENT or ANNUITY or INVESTMENT DIVIDEND income is NOT exempt. Further, if you have your SS checks deposited directly into a bank account, and the credit card company has a court lien against you, they can attach your bank account and it would become incumbent upon YOU to prove to the court that the money contained in the account consisted solely of Social Security payments and was, therefore, exempt from seizure.
No. Only courts (judges) can garnish wages or social security benefits.
Can a credit card company freeze your bank account after a garnishment is ordered even if your credit card was not with that bank?
Yes, that is the way a garnishment works. When the credit card company sues you for non-payment of debt, they win a judgment. The judgment can be a garnish on your paycheck or… your bank account. It makes no difference who you have a bank account with if they were awarded the garnishment by court.
Can a collection agency freeze your bank account if you get Social Security checks in the state of Minnesota?
No. SS benefits are protected from creditor garnishment under federal law.
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