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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: credit card debt
 
Posted on Fri Mar 19, 2010 9:55 am  

Hi Cathy,

Debt consolidation program is done when you find it increasingly difficult to pay off your debts. In it a single loan is taken out to pay off all the debts or loans, and under this program you need to make a single monthly payment to the consolidation company. The company will then disburse the payment to all your creditors. Thus, your creditors are getting paid. So, you need not worry about garnishments. Debt consolidation helps you to eliminate almost all your debts.

Hope this helps.

Regards,

Aaron
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Jim McIntyre
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Subject: Militaru Retired Pay, Va Benevits
 
Posted on Thu Mar 25, 2010 7:17 pm  

If I have my car tepossed, can the lendeder I owe money to attach my Military retirment pay, and Va income?
Sally Jackson
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Subject: Credit Card Debt
 
Posted on Thu Mar 25, 2010 9:48 pm  

Can they garnish your payroll check, Or bring judgement against your bank account or lien on your property.
Marty1
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Subject: Subject: Garnishment of retirement pay and SS benefits
 
Posted on Fri Mar 26, 2010 5:59 am  

I receive social security & a small pension each moth. For some time now I have a credit card bill that I can't pay. I have no other income. I rent and have one car. I live in California and have received a summons from the Superior Court relating to the credit card debt - what will happen at that time? Any suggestions on what I should prepare for? Thanks
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2675



48566 Magic Points

Subject: garnishment
 
Posted on Fri Mar 26, 2010 9:39 am  

Hi Jim:

Military retirement pay and Veterans Administrative income (VA) cannot be garnished. But there are exceptions. The VA disability received in return of waived military retirement pay is subject to garnishment. This is done in order to provide child support and for alimony purposes.

Sally:

If you fail to pay what you owe to a creditor, the creditor can file a judgment against you. The judgment can either be for garnishing your wages and bank accounts. The judgment can also put a lien on your property. Thus, it's better to pay off what you owe to the creditor. If you are unable to pay the whole amount, you can settle the outstanding debt amount to be paid. Debt settlement lowers the debt amount by 40-60%.

Marty:

If the bill amount is too high you can try to negotiate a payment plan with the creditor. Talk to them about your problem. Mention that you are willing to pay, but it's not possible for you to pay high amount bills. However, as you have received a summons, you need to answer to that. If you face problem in answering to the summons, you can take help from the court clerk. In the answer to the summons mention your financial condition.

Hope this helps.

Regards,

Aaron
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RICHARD DAILEY
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Subject: CRIT CARD S
 
Posted on Fri Mar 26, 2010 10:05 am  

IAM IN 30.000 IN CREDIT CARD
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2675



48566 Magic Points

Subject: reply
 
Posted on Fri Mar 26, 2010 10:42 am  

Hi Richard,

Can you be more clear on what you need to know? If you can specify what exactly you need to know, I may be able to address your problem.

Thanks,

Aaron
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MARY OLDS
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Subject: SOCIAL SECURITY AND MONEY IN THE BANK
 
Posted on Fri Mar 26, 2010 3:28 pm  

I GET SS IN THE AMOUNT OF 900.00 WHICH MEDICARE TAKES 100.00. I DO HAVE MONEY IN THE STOCK MARKET WHICH BRINGS IN 1200.00 QUARTERLY OR 300.00 MONTHLY. MY HOUSE PAYMENT IS 750.00. I HAVE CREDIT CARD DEBT TOTAL OF 12,000.00. CAN CREDIT CARD CO. TAKE THE EXTRA MONEY?
Zrent
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Subject: Credit card judgement
 
Posted on Fri Mar 26, 2010 9:35 pm  

I had a business and I just closed it........no bankruptcy. I had 2 cc and was no longer able to make payment on them, as I went through divorce after closing the business.
I have a rental (am not delinquent on payment...rent is less than the monthly payment) can the card company seize my property?
I rec'vd a letter judgement in 1/10 at my home residence and today my
renters recv'd a garnishment summons.
Can my rental/mrtg. payment be taken, it doesn't cover the 1st and 2nd mrtg.? Can they seize my property?
This is driving me crazy.......
Thank You
tiffany thems
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Posted on Sat Mar 27, 2010 12:14 am  

if you have been payong on your debt can they still garnish your paycheck?
Aaron

Aaron

Joined: 08 Feb 2010
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48566 Magic Points

Subject: garnishment of paychecks
 
Posted on Sat Mar 27, 2010 10:41 am  

Hi Mary:

Social Security cannot be garnished. However, if there is a garnishment order, they can take money from your accounts. What you can do is open separate accounts for the social security and money that comes from stock market. Use the money that comes from stock market, and save the money that comes from social security. However, you need to declare that the money into the social security account comes only from social security.

To avoid these circumstances, you can try to negotiate a settlement with the creditor. Debt settlement lowers the outstanding debt amount by 40-60%.

Zrent:

The creditors can sue you for not paying the dues. What will happen after the judgment depends on the type of judgment. If it is a garnishment order, they can garnish your paychecks. However, if can also put a levy on your property. as you have received a summons, you need to answer to that. For answering to the summons, you can take help from the court clerk.

Tiffany:

No, if you are paying your debt, your paycheck shouldn't get garnished. Creditor can garnish your account only if they win a garnishment order against you. Thus, if you have proof of the payment, you can file a counter-suit against the creditor. If you can prove that you are paying, the creditor may have to pay you back your money and even the penalty fees.

Thanks,

Aaron
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careflight 99
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Subject: social security and ssi benefits checks
 
Posted on Sun Mar 28, 2010 8:36 pm  

our bank took all my social security and my ten year old grandsons ssi,who is disabled and under my custody. i had a lot of creditors so I went to a consolidator and signed up with them. they were working on negotiating a payment for me and when they used electronic transfer of the account, it was closed. I notifed the bank and opened a new account there. They knew exactly how I was handling this situation. they (one employee) opened my closed account and used my monies to pay these creditors. leaving me $10.86 overdrawn and with no money for the entire month for food, medicine, or anything. This also voided the contract that the other company had with some of the creditors getting paid in full and other not at all. We contacted everone including the CEO of this bank and they said they couldn't do anything I filed a complaint with the FDIC and they forwarded it to the OTC which is where it is now.
PLEASE TELL ME THIS WAS WRONG AND AGAINST THE LAW TO DO?

THANKS
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2675



48566 Magic Points

Subject: social securoty garnished
 
Posted on Mon Mar 29, 2010 11:06 am  

Hi Care,

Social security cannot be garnished by anybody other than the government itself. If you find that your social security has been garnished you can take help from a lawyer. If you don't have much money to afford a lawyer, you can consult American Bar Association. They will help you find a low cost attorney.

Other than this you have taken the right step by complaining this to the FDIC.

Thanks,

Aaron
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dontplay
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Subject: in dept please help
 
Posted on Sun Apr 04, 2010 4:23 pm  

ilive in the stste of florida,can credit card compny or dept collecters ganish my salery in this state
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2675



48566 Magic Points

Subject: wage garnishment
 
Posted on Mon Apr 05, 2010 12:05 pm  

Hi Dontplay,

In Florida, according to the Federal Law, the wages of the head of the family cannot be garnished. Thus, if you are the head of your family, you wages may not get garnished.

Thanks,

Aaron
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