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Garnishment of SSDI

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beaner

Joined: 12 May 2008
beaner's page
Posts: 4

201 Magic Points

Subject: Garnishment of SSDI

Mon May 12, 2008 10:36 pm

I have a creditor who has been insulting me on legal action. What do they mean by legal action.
As stated above they've also insulted me saying that there will be a judgement put against me. What do they mean a judgement? Is it a crime?
Also, my ONLY income is my SSDI "disability" can they still take these funds? If so, how much?
Help needed

carol

Joined: 27 Jun 2006
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Posts: 372

10224 Magic Points

Tue May 13, 2008 8:01 am

SSDI benefits can be garnished to enforce child support or alimony obligations, collect unpaid Federal taxes, satisfy Federal income tax liability for the current year, any non tax debt which is due to any other federal agency, and to collect the overdue federal tax debts of the beneficiaries. I don't think your creditor can garnish your SSDI as an instrument for repayment of your debt.
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Carol

Morningstar

Joined: 17 Apr 2007
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Posts: 609

40 Magic Points

Fri May 16, 2008 12:53 pm

A judgment allows for the garnishment of wages, and seizure of real/personal property--in accordance with state law. Consumer debts are civil matters, not criminal.
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CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 378

4034 Magic Points

Sat May 17, 2008 11:47 am

what do you mean by 'insulting'?
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fireyone

Joined: 26 Feb 2008
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Posts: 2861

2006 Magic Points

Sun May 18, 2008 11:54 pm

I would also advise making sure if you have any type of checking or savings account you only put in your SS benefits. This is so later you can prove that whatever monies is there came directly from the gov. check.

CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 378

4034 Magic Points

Tue May 27, 2008 4:18 am

beaner,

Ok, a lesson on garnishments:

A creditor who goes to court and wins a case against you can eventually get what's called a "judgment", a court order detailing how much you owe and the interest rate you must pay on the unpaid amount.

The attorney for the creditor can then get a court order ordering you to appear at what's called "supplemental proceedings", to answer detailed questions about your assets, wages, bank accounts and property.

A creditor must then get an order from the court to garnish your property- that is, take something that belongs to you to pay off the judgment. You'll have the chance to appear in court and explain why the creditor shouldn't be allowed to garnish your property.

A creditor can then take the judgment and garnishment order to the local sheriff, and ask that the judgment be "levied" or "applied." The creditor must have information about where you work or property you might have that could be taken to satisfy the amount of the judgment.

A creditor won't be interested in garnishment if you don't have anything that can be taken to pay the judgment, such as:

A vehicle
A regular wage
Bank accounts
Real estate (other than your home)
Investments such as stocks and bonds
You're less likely to have your wages garnished if you're a federal employee, as the process involved is cumbersome and lengthy, and many creditors decide it's not worth the trouble.

A creditor may decide to garnish your wages if you're working steadily at more than minimum wage and don't already have other garnishments against your wages.

The sheriff or other levying official presents your employer with garnishment papers, ordering your employer to take out a certain amount each time you're paid, until the debt is paid off. The law requires your employer to withhold the correct amount from your paycheck or be legally liable for it.

Your income can't be garnished if it comes from:

Social Security benefits
Retirement plan benefits
Public assistance benefits
Unless the judgment is for child or spousal support, your income can't be garnished if it comes from:

Workers' compensation awards
Unemployment benefits
Disability benefits
Under the federal Consumer Credit Protection Act, your employer can't fire you because of the inconvenience of having to cooperate with a garnishment for any one debt. If your employer violates this federal law, punishment can include fines of up to $1,000 and imprisonment for up to one year. But you can be fired for having more than one wage garnishment.

Federal law limits the maximum amount that can be garnished to the lesser of 25 percent of your disposable income (what's left after required taxes and so forth are withheld) or 25 percent of your weekly wages that are over 30 times the minimum hourly wage. Up to 50 percent of your disposable income can be garnished for child or spousal support.

If your wages are already being garnished for another debt, the second creditor can't garnish your wages unless the first garnishment takes less than 25 percent (or 50 percent for child or spousal support) of your wages.

(info from lawyers.com so i trust it)

As far as your situation is concerned, how old is this debt? Is this the first notice that you have gotten about the debt?
If I were you I would send a DV letter certified mail ASAP. If nothing else it will buy you some time before they file. They cannot legally file once you have requested DV until they satisfy the request. If they do file suit before they satisfy the debt google GREG A. SPEARS, VS. TIMOTHY L. BRENNAN print a copy of the case and bring it with you to the court date with your copy of the DV letter and the USPS certified mail reciept. The case I mentioned bascically set a precident saying that a CA cannot sue you without validation.

Now, You have sent your DV letter. Lets say that the CA validates the debt. You need to already know what you can and cannot pay them by the time they respond to you. Once this happens, make them your offer again via cert mail. NO PHONE CALLS!

I am sure that most CAs will accept a payment plan on the debt. Just dont promise more than you can pay and get yourself into hot water again. Get all agreements in writing and send your payments via cert mail and use money orders.

NEVER give a CA your account info.

Good Luck
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Charlie
Guest

Subject: Garnished SSDI Benefit

Tue Aug 05, 2008 6:34 am

Capitol One Credit Card Company garnished my entire SSDI Direct Deposit Income, without my knowledge or consent. I was told by SSA that was illegal unless it the debt was a government loan or IRS Debt, however, they couldn't retract the money taken. They said to contact the Attorney General for CO & the bank, that there was a security breedge of contract.

fireyone

Joined: 26 Feb 2008
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Posts: 2861

2006 Magic Points

Wed Aug 06, 2008 2:37 am

Unless it is any of the debt that Carlo listed he would be exempt from any garnishment but what about what Morningstar listed? Can they take any personal or real estate property?

starchild
Guest

Subject: ssdi

Thu Oct 23, 2008 3:28 pm

well it just goes to show that nothing is protected when it comes to a bank.take your ssdi and ssi checks and ssa checks out of the bank, then you wont have to worry about the CA getting them. they are like bloodhouds after a pieace of meat.


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