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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 4007
1222 Magic Points
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Tue Nov 17, 2009 11:45 pm
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| It depends on what type of garnishment you are talking about, If it is a federa deal then yeah the government will take their money, especially if they are the ones distributing the check. |
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jlb104
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Subject: garnishment
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Tue Dec 22, 2009 3:10 am
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| im also on disability with a few outstanding credit card bills. you say they can touch your bank account. im from wisconsin. whats the procedure to prevent this besides filing for bankruptcey |
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Ric
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Subject: credit card
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Mon Jan 04, 2010 7:18 pm
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| I contacted my bank and their response was, they couldn't tag my account for that purpose, even though I have only my military retirement going into my bank account. I know credit card companies can't garnish my retirement pay, but can they arrest a person for not paying credit card payments? Other then placing leans or repossessing items, and getting bad credit reports, what can a credit card company do to a person if I can't make those payments? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Mon Jan 04, 2010 10:51 pm
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| Ric, No they can not put you in jail for not paying a credit card debt. If that was the fact the jail cells would be over flled. The credit card companies can get a judgment against you and if they do then they can attach any monies from law suits, home sell and things like that. If they do start attaching your bank account your bank needs to step in since it is social security wages. If they do not call your atty general. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 4007
1222 Magic Points
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Wed Jan 06, 2010 6:54 pm
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Ric
You can file a whole lot of information on the governments fair debt collection website, it will break it all down for you so you know what to expect and let you know what your rights are as a consumer.
fireyone is right, they can not send you to jail, there is not debtors prison, however they can file a lawsuit and obtain a judgement against you. But still you have options, if they decide to file a suit against you then you answer the summons and hopefully you will end up in mediation where you can then work out a payment plan that works for you.
I wish you luck, keep us updated and we will try to help you along the way. Hope to hear from you again on here.  |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Thu Jan 07, 2010 3:02 am
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| Your state rep. can also hel you. This is especially true if it is any type of social security or retirement. I got a flyer in the mail from my state rep today and it listed the service they perform for their offices and it mentioned this. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 4007
1222 Magic Points
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Thu Jan 07, 2010 3:37 am
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| Yes, each state representative has special committees that they sit on, they have people in their offices that will step up and make some calls on your behalf. Great advice fireyone, you rock! |
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ANTHONY AGUILAR
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Subject: GARNISHING CIVIL SERVICE PENSIONS
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Tue Jan 26, 2010 2:57 pm
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| I COULD NOT MAKE PAYMENTS FOR 5 CREDIT CARDS, I DIDN,T READ THE FINE PRINT ON THE BACK OF MY BILLING STATEMENTS, MY INTEREST RATES WENT BEZERK, WHEN I COULD NO LONGER MAKE THE PAYMENTS, I WENT WITH CREDIT CARD RELIEF COMPANY, SO FAR I HAVE SETTLED WITH BANK OF AMERICA, BUT THIS PROCESS IS SLOW. THE OTHER CREDITORS WANT THIER MONEY NOW, CAN THEY GARNISH MY FEDERAL RETIREMENT INCOME TAX RETURN? |
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Aaron
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Subject: GARNISHING CIVIL SERVICE PENSIONS
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Wed Jan 27, 2010 6:41 am
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Hi Anthony,
No, nobody else other than the government can garnish Federal Retirement Income Tax Return. However for this you first need to inform the bank that your money comes from Social Security Retirement.
All the best,
Aaron |
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jose borromeo
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Subject: mortgage
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Tue Feb 16, 2010 9:05 pm
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| HOW ABOUT MORTGAGES, CAN THE BANK GARNISH OUR SS BENEFITS AND PENSION? |
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Aaron
Joined: 08 Feb 2010
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Posts: 441
8346 Magic Points
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Subject: garnishment on social security benfits and pension
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Wed Feb 17, 2010 10:18 am
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Hi Jose,
Nobody can garnish the Social Security Income and Pension Benefits. However once you put the money in your bank account, it may get garnished, as it becomes indistinguishable from general money. To avoid this you can inform the bank though this is not a safe option. Other than this you can open a new account in some other bank which the creditors may not be able to reach.
However, the best option is to pay the debt and get rid of the harassment. Another thing which you can do is, check the statute of limitations of your state (SOL). SOL also varies according to your account. If the SOL has expired, the creditor or the collection agency won't be able to sue you, and thus won't be able to garnish your accounts.
Hope this helps.
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Ric
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Subject: contacting credit card company
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Fri Feb 26, 2010 9:57 pm
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| I have heard both ways on should I contact my credit card company to inform them that I can't pay on that account. One person says yes and another says no, what is the best course of action? I know that some state have laws saying that if you have no contact between a person and a credit card company that the debt goes away after a certain time frame. Of course their action is destroying your credit report, but that is a given anyway. And the only income I have is my military retirement which I understand can't be garnished. They can take me to court, but they can't get blood from a turnip, can they? I have contacted my back and they told me they can't flag an account for monies that is deposited, that they go by a court order, in my case the only money I have is my retirement pay, what protection do I have? If I change backs then isn't that hiding and the courts can get involved? Please help. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 441
8346 Magic Points
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Subject: garnishment of military retirement pay
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Sat Feb 27, 2010 5:44 am
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Hi Ric,
You can contact your credit card company to inform that, you won't be able to pay the high amount each month. You can request them for a debt settlement, as settlement lowers the outstanding amount by 40-60%. Military retirement pay is not garnishable. However, your account needs to have deposits only from the retirement pay. If you can prove this to the company and the bank, they may not be able to garnish your retirement pay.
However, you may check the state laws regarding garnishment of retirement pays.
Hope this helps.
Regards,
Aaron.
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