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Cant pay bills - Is garnishment of retirement pay possible?

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Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2675



48566 Magic Points

Subject: garnishment
 
Posted on Thu Feb 11, 2010 6:02 am  

Hi Lil,

Social Security benefits cannot be garnished. Section 207 of the social security act, protects social security benefits from garnishment. Pension is also exempt from garnishment. However if you deposit the pension amount in a bank, it may get garnished. So it's better not to deposit the pension amount.

You should also inform the bank where you have an account, that your money comes from social security.
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Kristy
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Subject: Garnishment of Social Security and Retirement from the State
 
Posted on Thu Feb 11, 2010 10:24 pm  

My Mom is retireing in July 2010 and will recieve a Social Security check and a Retirement check from the State of Nevada. She co-signed a loan for a motorcycle for my Brother-In-Law and he lost his job and they repossessed the motorcycle earlier this week and he is filing for Bankrupcy. Can they garnish my Mothers Social Security or Retirement? What if they are automatically deposited into her checking account? Thank You
VBrown
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Subject: Writing off Bad Debt
 
Posted on Mon Feb 15, 2010 2:47 am  

At what point will a credit card company juat write a debt off.
Nancy
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Subject: Garnishment of motorvehicle
 
Posted on Tue Feb 16, 2010 6:33 am  

I cant pay my debts to credit card companies. I just got a law suit from Suncoast schools credit union and they want over 12,000.00 back. I have 2 daughters and we lost our home last year. We are staying in my mothers rental. The only thing I own is my car which is worth probably 8,000.00. My mom bought me that last year after I lost everything. I'm not even getting child support from a dead beat ex- husband. I just got my counseling certificate to claim bankrupstsy but I can't afford that either. Main question. Can they take my car?
mike110
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Subject: nancy
 
Posted on Thu Feb 18, 2010 12:58 am  

yes get the car out of your name
DollyD.
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Subject: Making less then min.pymt. to my credit cards
 
Posted on Thu Feb 18, 2010 3:34 am  

I cannot make the min. pymt. on my credit cards since I lost my job, I read somewhere if you send your cc companys some sort of payment and they cash it this means they have excepted the terms...is this correct???
barbiedoodle
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Subject: retirment
 
Posted on Thu Feb 18, 2010 1:35 pm  

I am going to retire this year in May. some one told me I should wait till the end of the year.....I am 67 years old.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2675



48566 Magic Points

Subject: Reply
 
Posted on Fri Feb 19, 2010 11:56 am  

Hi Kristy:

Under the federal law, social security income cannot be garnished. One thing that your mother can do is open a new account in another bank. She should also inform the bank that, her money comes from social security. This may help.

VBrown:

There is no specific time limit within which a credit card company may write off a debt. It varies according to the company, and according to the debt. However, they generally write it off, when they realize that they won't be able to collect the amount owed, from the debtor.
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Aaron

Aaron

Joined: 08 Feb 2010
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48566 Magic Points

Subject: payment to credit card companies
 
Posted on Fri Feb 19, 2010 12:32 pm  

Hi Dolly:

If you do not make a settlement with the company, and yourself get a written copy of the contract, the company may come back and demand more money or the deficit amount from you. Therefore, it is better to get a written contract of the settlement. While settling with the company, mention that you want to pay, but won't be able to pay such high amounts, because of your financial problem.

Barbie:

Your question is not clear to me. If you would have been more clear, I could have helped you with your problem.

Thanks,

Aaron.
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Marion
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Subject: Credit Card filed suit
 
Posted on Fri Feb 19, 2010 8:58 pm  

I live in Texas and have social security and a part time job which pays me $300 a month. I only have enough money to pay my living expenses and cannot pay any of my credit cards which are over $10,000!! I have been sued and cannot afford an attorney. What should I do? Thank you!!
Gee
Guest






Subject: child support
 
Posted on Sat Feb 20, 2010 4:18 am  

I have a possible judgment being filed against me for an outstanding credit card balance and all the income I have come from my child support which I receive direct deposited into my checking account. I do not work. Can they garnish my child support payments that I receive?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2675



48566 Magic Points

Subject: Credit debt judgment
 
Posted on Thu Feb 25, 2010 11:08 am  

Hi Marion,

You don't need an attorney to deal with the case. However, you can go for a free counseling with an attorney, for dealing with this case. You should appear in court, and provide them with a copy of your monthly income and expenditure. This will determine the judgment amount. Your social security cannot be garnished. However, your wage is garnishable. At least 25% of it can be garnished. It also depends on the type and amount of debt.

However, you can try and settle the debt with the creditor itself. Debt settlement lowers the outstanding debt amount by 40-60%.

Regards,

Aaron.
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Sharon
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Subject: child support
 
Posted on Thu Feb 25, 2010 11:41 am  

Hi Gee,

Somebody's wage or account, who is supposed to pay for the child support, can be garnished. However, if money accumulated into a checking account as child support can be garnished or not depends on the state laws. As such, checking accounts are garnishable.

However, if your state allows no garnishment on child support account, and you can prove this to the creditor, they may not be able to garnish money from your account. The account should have money only from child support.

Hope this helps.
Jodie
Guest






Subject: Garnishment
 
Posted on Fri Feb 26, 2010 2:42 am  

My mother is 76y.o. and get a social security check and a Virginia state pension which is not much of anything. She has a trailer and can no longer afford to keep up the payments and wants to move in with 1 of us kids. Can they garnish her wages for the trailer payment? She is struggling and does have a direct deposit account but all the income in it is social secuirty or pension?
Aaron

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2675



48566 Magic Points

Subject: reply
 
Posted on Fri Feb 26, 2010 12:51 pm  

Hi Kansas:

Child support cannot be garnished. However, you need to check your state laws on this.

Andrea:

If the judgment is on state or federal taxes, then it can be garnished.

Doug:

Retirement payments are not garnishable. However, you need to check the state laws on this. Moreover, if you can prove that all your money comes from retirement payment and gets deposited into that account, they may not be able to garnish your account.
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