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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Fri Jan 23, 2009 12:09 am
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| Linda, Hello and welcome to the forum. Alot of it depends on the state you are from. Sometimes they can actually sell off property. If you can give us a little more detail and you let us know what state you are from we can help you determine the extent of what a judgement can do. |
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carol
Joined: 27 Jun 2006
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Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Fri Jan 23, 2009 7:14 am
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Hi Linda
The court does not take away anything from you. It only authorities the creditor to recover the debt by giving a judgment against you. The court is not responsible for recovering the money. Now the creditor can either garnish your bank account or your wages to recover the outstanding debt. However, the method the creditor wants to adopt has to be mentioned by him when he has filed the lawsuit to bring the judgment against you.
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Fri Jan 23, 2009 11:52 am
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| I had one call me years ago and threaten to sell off my assets. Are you telling me this was illegal and if so are they allowed to make these threats? |
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bevierg
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Subject: credit cards
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Wed Jan 28, 2009 4:21 pm
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| What can creditors do if you can not pay them. I am on fixed income and became ill. All unsecured loans; can they garnish social security disability? |
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Justin
Joined: 17 Jul 2006
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Posts: 1240
28942 Magic Points
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Thu Jan 29, 2009 9:59 am
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No, social security benefits cannot be garnished by private creditors. It can only be garnished for recovery of outstanding federal tax debts and alimony and child support obligations. However, if the creditor or the collection agency who owns your debt brings judgment against you they can garnish your bank account so that whenever any money gets credited in your bank account, it will be debited by the bank and will be transferred into the account of the creditor. So whenever you have a judgment against you, inform the bank in writing that the money which gets credited in your account is your social security benefit so that it does not get garnished.
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Justin |
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sdchargers_63
Joined: 13 Aug 2007
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Posts: 1889
1356 Magic Points
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Subject: credit
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Sun Feb 01, 2009 1:13 am
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| I live in the state of PA. In THIS state, NOTHING can be garnished from your wages...........except Defaulted school loans, Child Support,etc...this kind of thing. However............I don't know if a garnishment can be taken from your bank account, though. |
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Justin
Joined: 17 Jul 2006
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Posts: 1240
28942 Magic Points
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Tue Feb 10, 2009 9:57 am
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In Pennsylvania, although wage cannot be garnished, the creditor can bring judgment to garnish your bank account and the garnishment will continue so long as the judgment money is repaid in full. Now, although PA does not allow garnishment directly from your employer, it is silent on whether the creditor can garnish your account when your paycheck gets credited in your bank account and so whenever you deposit any check including your paycheck in your bank account, it gets garnished.
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goodnatured
Joined: 03 Nov 2007
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Posts: 3927
10 Magic Points
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Thu Feb 19, 2009 7:59 pm
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What I do not understand is how of they are not legally entitled to take money from a bank account how they do not get any legal ramifications from doing so. How far do you think an average Joe would get if he dipped into a companies bank account. I tell you how far..as far as the nearest judge and jail. I also do not believed that they should have the right to take the money until number one , they can prove the debt, what the money in the account was from (SS), or informed the person of this action. Also while we are on the subject where is it legal for them to get judgements when they do not inform the debtor of the action first. Sure they can say they took all routes possible but did they??
For the honest person or the person who has paid a debt and can prove it where are their rights. I think when going to the judge for a judgement and the person was not able to be reached the judge should look first at the SOL and ask them to leagally prove they own the debt before issuing a judgement. Thats what would help stop creditors from their illegal acts. |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3927
10 Magic Points
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Fri Feb 20, 2009 2:53 am
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That is why it is very important not to ignore any type of lawsuit that is filed against you, ignoring it will only result in a default judgement, then you don't have a chance at all at defending yourself or protecting your accounts down the road. It may take them a few years but the judgement is money in their pockets and you can bet that they will pursue what ever means they can to collect.
I think also that the banks should set up accounts that identify wether it is a disability income or not, wether it is garnishable or not, but this is not an every day ordeal for them so it would not be profitable to market. It would be on the consumer to explain to the bank that the deposit going into the account is a disability income and then maybe they could help you contact the judgement holder to lift the lein or at least guide you in the right direction.
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Fri Feb 20, 2009 12:27 pm
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Yes I agree that the bank does not deal with this everyday but what I still do not understand is how a company can just dip into an account with no prior authorization. There are bills that I sign up for personally to come directly out of my checking..car insurance, mortgage payments and such but I signed to aythorize the deduction for a certain amount on a certain date. I can not see how they do not legally get prosecuted for their actions.
As for the judgements I am talking about the people that honestly never get the summons. What if it was left on the door and a person moved or with a relative that lays it aside and forgets. I believe they should have it that the person being sued is only the one allowed to sign. With all their high tech tracking info surley they would be able to find the debtor. |
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ray gilliss
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Subject: garnishment of ss disability in checking account
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Sun May 03, 2009 6:25 pm
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| my checking account was garnished 2 times now from a creditor. this is my ss disability money and there are 2 names on my account. they have left me with no money for my medicine i need to live. the law firm knows i am on ss because they put the money back. its been 2 years from the same month they did this. i want to file federal charges against them. how do i do this? thanks |
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Mary
Joined: 06 Jul 2006
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Posts: 686
17396 Magic Points
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Mon May 04, 2009 10:18 am
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Social security benefit can never be garnished. You should immediately file a complaint with the Federal Trade Commission by sending a certified letter at Consumer Response Center, 600 Pennsylvania Avenue, NW, Washington, DC 20580 or call them at 1-877-382-4357.
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Where there's a will, there's a way !! |
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Eileen
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Subject: ss in checking
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Wed Jun 03, 2009 3:42 pm
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| they cannot garnish your ss check..once that check gets into your checking account ..all bets are off , and they CAN take your money |
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Robt
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Subject: federal benefits immune from garnishment
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Sun Aug 02, 2009 3:57 pm
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| That is not correct, Ellen. Federal benefits are protected fom garnishment, it does not matter whether it's in the form of cash, check, or electrons in the bank's computer - they cannot legally touch it, unless you hand it over. |
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