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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 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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NO, your SS benefits would be exempt under federal law. However, avoid co-mingleing funds in the same account as your SSD benefits.
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.
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
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 a credit card company freeze a banking account when SS and VA benefits are the deposits made in it?
You had better check with the laws for your state -- in my state ( fl ) there is a comingling statute which means that if there are any other monies deposited into the account… it can be frozen and garnished. and you have to show where the money came from. Google ( your state ) statutes on bank account freeze and garnisheement Answer No. Both of the benefits are 100% exempt from creditor action. If however a lawsuit is initiated concerning the debt, it must be defended. Meaning the defendant (or their representative) needs to inform the court of all exempt property. Under state laws there are many exemptions available to the consumer to protect real and personal property.
Answer Yes, if a creditor wins a lawsuit and is granted a judgment, said judgment can be enforced as a bank account garnishment. A joint account (even a mar…ital one) is subject to attachment to the extent of the debtor's share.
Answer No. All SS, SSD and SSI are exempt from creditor action.
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, with a court order. Obviously, its sort of a conflict to start to say you have money in the bank, but won't pay your bills...those things you promised to pay with ANY m…oney you had before others and certainly new ones. If the credit card company is the same or affiliated with your bank, and your bank account contract provides for it (which most all modern ones do), you will probably find in the credit card agreement you made with it, that they do not even have to proceed in a court process; they can just withdraw the amount owed from any account you have with the bank. Obviously, the company and the bank must maintain careful records to which you and your counsel have access if there is a question in the courts. In addition, you may be responsible for all accruing interest, and any costs which the creditor incurrs to satisfy the debt. Your contract will probably control. Common sense should tell you, all these large, powerful, rich and influential banks and lenders have not become so by accepting "I can't/won't pay...what ya' gonna do about it" and not being able to collect their loans and the costs of doing so. Finally, I don't think garnish is the correct term (that is generally used for something against wages)...I believe it is "offset" or "seize". Answer YES! They absolutely can. In the state of Virginia they can draw unpaid debt right out of your account. That goes for the IRS obviously as well.
A credit card company cannot freeze your bank account. However, it can sue you in court for any overdue balance. If the credit card company is successful, the court will issue… a judgment lien that the creditor can use to freeze your bank account and seize any money you have on deposit. In fact, the judgment lien can be used to seize any assets you own to satisfy the lien.
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 collection agency freeze your bank account if you get Social Security Disability checks in the state of ar?
No one can seize a bank account without due process. SSD benefits by Federal Law are 100% exempt from creditor attachment. You must inform the court and provide evidence that… the account has only SSD benefits and not other funds. Even so, all states have a set of exemptions that also includes a specified amount in a bank account that cannot be seized. It is sometimes called a "wild card." Without knowing your state of residency, I cannot be more specific, sorry.
Can a collection company freeze bank accounts that contain disability pension and social security checks in Pennsylvania?
A collection agency cannot seize a bank account period. ALL SS benefits are exempt from creditors. A collection agency cannot threaten to take your property nor do they have …the power to do so. They can inform you that the account is being referred to a collection attorney who can pursue legal action. Be that as it may, your bank accounts are safe. You can inform the agency and the bank in no uncertain terms if they attempt such an action, you are prepared to sue for damages. The only way to stop collection bullies, is to play offense not defense.
What is the procedure for a credit card company to levy a bank account if only Social Security income is in account?
Answer A bank account can only be levied after due process of law. Which means a lawsuit filed, won, a judgment rendered,a judgment executed. Be that as it may, ALL …Social Security benefits are protected by both Federal and State laws and are 100% exempt from creditor action. In other words,they can't touch the account.
If a credit card company is suing you will you have the chance to go to court before a judgment or any bank account freezes or wage garnishments?
Answer The debtor will either be served with a summons to appear in the circuit court in the county of residence. If the debtor/defendant does not appear at the a…ssigned court date the creditor/plaintiff will win the case by default and a judgment will be entered against the defendant. In some states a notice to respond will be sent to the debtor before the actual lawsuit summons. This is a court issued document that basically asks the debtor if they have a valid defense. Please be advised, the law does not consider the inability to pay for whatever reason (loss of employment, divorce, illness, etc.) to be a viable defense in such litigation. A creditor cannot garnish wages, levy bank accounts or attach in any manner property belonging to the debtor until due process has been followed. All states have a set of exemptions that can be used to protect specific types and amounts of real and personal property from judgment action.
Strictly speaking, a 'garnishment' refers to the direct deduction of an individual's wages directly from their pay, through an arrangement with their employer and pursuant to …a court order. So, it would be pay that is 'garnished.' Access to a bank account may be far less difficult to obtain. A credit card company may have included clauses in their cardholder agreement by which the cardholder (ie, you) consented in writing to the direct collection of funds from a bank account; this would usually either be a specific 'automatic payment' option which the account holder elected (ie, to make the payment on a specific date each month), or by a default agreement written into the contract. In either case, the cardholder's failure to read the fine print would be to blame for such a debit. So, although this might literally be 'without the cardholder's knowledge,' it would technically be 'with the cardholder's knowledge,' since this is precisely what the account holder agreed to (or even requested), in writing. If this is no longer desireable, the credit card company should be notified in writing that such authorization is revoked. One's bank may or may not refund the charges. If such authorization is not considered revokable (according to the credit card company's terms of service), then they may continue such debits. Banks are usually reluctant to refund direct account debits, although many do. The ultimate solution is to close the bank account and open another. For this reason, many companies prefer automatic check debits, as opposed to credit or debit transactions drawn on bank accounts; It is very easy to delete and reissue a debit (credit) card drawn on a bank account. It is more difficult to close and re-open a bank account, and a consumer is likely to have pending checks that must clear before the account can be closed, and at least a small cost to replace checks drawn on the (now) non-existent account. That makes it easier to get away with the debits; it may be easier and less costly for a customer to just allow the debits. Consumers should never provide their bank account numbers to anyone, for any reason. Payments should be made via debit card number. That way, individual charges can be contested or reversed without the hassle of closing and re-opening accounts. Debit cards can even be re-issued with new numbers without changing the source account numbers. Now, all of that notwithstanding, if a debit is indeed 'without authorization,' then this would be wire fraud, and should be reported to law enforcement.