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HomeCredit ForumCredit repair

civil judgement filed

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laughlinjoyce



Joined: 09 Jul 2008
laughlinjoyce's page
Posts: 1



48 Magic Points
Subject: civil judgement filed
 
 Posted on Wed Jul 09, 2008 2:24 am  
can my social security be taken for a civil judgement against me
 
goodnatured



Joined: 03 Nov 2007
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Posts: 2476



2725 Magic Points
 
 Posted on Wed Jul 09, 2008 2:51 am  
social security can not be garnished for any reason, you need to make your bank aware that this happening, they should be able to stop it immediately.
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Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
Mary

Mary

Joined: 06 Jul 2006
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Posts: 166



5169 Magic Points
 
 Posted on Thu Jul 10, 2008 12:39 pm  
Hi laughlinjoyce
Goodnatured is right. SS benefit is exempted from garnishment for payment of credit card dues or any other commercial debts, but it may be garnished for collection of unpaid federal taxes and for child support and alimony obligations.
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Where there's a will, there's a way !!
 
goodnatured



Joined: 03 Nov 2007
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Posts: 2476



2725 Magic Points
 
 Posted on Thu Jul 10, 2008 3:15 pm  
It will be on you to make the bank aware that these funds in your account are in fact social security benefits, they do not keep track of what types of monies come into accounts. So you should go to your bank and make sure that they know that this is a social security benefit and is not to be garnished.
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Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
scott

scott

Joined: 28 Jun 2006
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Posts: 163



4471 Magic Points
 
 Posted on Fri Jul 11, 2008 9:27 am  
As per section 207 of the SS Act, social security benefits can only be garnished if you have some unpaid federal taxes from IRS and if you have child support and alimony obligations. However, a civil judgment against you may result in wage garnishment. If you think your income falls under ss benefit and as a result exempted from garnishment, send a signed letter along with the proof that your income falls under exemption category to the department that send you the garnishment letter and also forward a copy to your credit's attorney through certified post.
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SCOTT

Social security, bank account, and credit card numbers aren't just data. In the wrong hands they can wipe out someone's life savings, wreck their credit and cause financial ruin.
 
goodnatured



Joined: 03 Nov 2007
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Posts: 2476



2725 Magic Points
 
 Posted on Fri Jul 11, 2008 9:14 pm  
Great advice scott, I think they should send the same information to the banking officials that work at the bank where the funds are deposited also.
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Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
erb1953



Joined: 31 Dec 2007
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Posts: 549



1003 Magic Points
 
 Posted on Sat Jul 12, 2008 2:13 am  
I think this is a good advice, sending the registered letters to both of these entity would probably do the trick.
 
fireyone



Joined: 26 Feb 2008
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Posts: 1857



8785 Magic Points
 
 Posted on Sat Jul 19, 2008 6:48 pm  
This is good advice and something I would defiantely do.
 
goodnatured



Joined: 03 Nov 2007
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Posts: 2476



2725 Magic Points
 
 Posted on Sat Jul 19, 2008 6:52 pm  
I think it was an awesome idea to send the information to the collection agency to, hitting it from both ends of the problem.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
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Posts: 1857



8785 Magic Points
 
 Posted on Sat Jul 19, 2008 6:53 pm  
That is one sure fire way to get it taken care of.
 
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 2476



2725 Magic Points
 
 Posted on Sat Jul 19, 2008 9:28 pm  
I would think so too, the only problem that I would see if not knowing that they are going to debit the account and then they do, it is really hard to get your money back once they take it.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 1857



8785 Magic Points
 
 Posted on Mon Jul 21, 2008 1:20 am  
That is almost next to impossible. Once theyt ake it its gone.
 
goodnatured



Joined: 03 Nov 2007
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Posts: 2476



2725 Magic Points
 
 Posted on Mon Jul 21, 2008 2:44 am  
I know, I had a company take out an unarthorized payment, I had to file a bunch of paperwork at the bank and did finally get my money back, but it took a while, about thirty days or so.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 1857



8785 Magic Points
 
 Posted on Tue Jul 22, 2008 9:40 pm  
Bet the work and waiting saved you from lots of aggravation. I do not like to have automatic payments come from my checking. The only ones I let do this is our mortgage and car insurance. I got burnt before letting other companies do this. I had a credit card set up like that and cable. The cable co. took out a payment a few days early and caused my account to overdraw. I did get back the extra money i paid out several months later cause I had a copy of the bill that said my accountg would be auto deducted on a so called date and the bank statement that showed an earlier withdrawal. It was such a hassle.
 
CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 373



3898 Magic Points
 
 Posted on Wed Jul 23, 2008 8:39 am  
you always want to be careful who you give your account info to vor that very reason. Although, I will admit that my car insurance, student loan and gym deduct from my account Smile Automoatic payments can be great for your credit!
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