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jet
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Subject: sued
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Mon Jan 04, 2010 5:31 pm
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i have been served in wyoming from texas on a van that i voluntarily gave back, they are suing me for 5900 dollars
i am on social sec only can they attach my social sec benefits.
also have credit card debts i can not pay and they keep calling cant pay them either.
can you give me some advice
thanks
John |
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carol
Joined: 27 Jun 2006
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Posts: 1307
Location: Los Angeles, California
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Tue Jan 05, 2010 6:08 am
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Hi John
Normally your social security benefits cannot be garnished but if you have put the money in a savings account, they can well garnish the bank account.
About your credit card debts, can you speak with your lender and ask for any kind of modification? Check the SOL on the debts. This might help you if it is close to expiry.
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goodnatured
Joined: 03 Nov 2007
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Thu Jan 07, 2010 4:24 am
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| Is it that nothing can be garnished? I am still unclear on this, how can they garnish a bank account if it is clearly a social security deposit, most of it goes directly from the social security administration. Shouldn't there be a way to flag this accounts? |
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carol
Joined: 27 Jun 2006
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Location: Los Angeles, California
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Thu Jan 07, 2010 5:46 am
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Hi Goodnatured
Once SS benefits get directly deposited into your savings account and gets mingled with non-exempt funds, it is difficult to avoid garnishment if any. However, you can take certain measures of protection like informing the bank about the amount of funds being SS benefits and any levy on that fund to be refused. This guarantee the bank may or may not offer but after this, if any of your SS funds are levied you can file a notice of exemption with the court and may have to attend a hearing to request the funds to be released back to you. Once the court determines that the funds are exempt due to it being from Social Security, you can have them back. This, is as far as my knowledge goes.
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Carol |
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carol
Joined: 27 Jun 2006
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Posts: 1307
Location: Los Angeles, California
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Thu Jan 07, 2010 5:49 am
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oh and goodnatured when you said
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| Is it that nothing can be garnished? |
what did you mean. I didn't get this question.
There are only certain funds exempt from garnishment, the rest can be garnished.
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Carol |
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
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Fri Jan 08, 2010 1:43 am
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| That sure makes a lot of sense. I would imagine a bank that you have done business with for years would try to help you out by stopping the amount of your check from being attached from your account. Even if they did I would be on the safe side and file the motion for exemption. |
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cinnamngrl
Joined: 01 Nov 2008
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ol-hepcat
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Subject: SS garnishment for Alimony
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Mon Mar 15, 2010 11:44 pm
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| I want to attach or garnish the ex’s Social Security for unpaid, court ordered, alimony to a disabled ex spouse. I understand untouchable SS can be partially seized for “child support or Alimony” what do you think? |
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Aaron
Joined: 08 Feb 2010
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Subject: ss garnishment for child support and alimony
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Tue Mar 16, 2010 9:47 am
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Hi Hepcat,
Yes, social security can be garnished for child support and alimony purposes. However, you need to file a judgment for this. You can also check the garnishment laws in your state.
Hope this helps.
Regards,
Aaron
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fireyone
Joined: 26 Feb 2008
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Tue Mar 16, 2010 11:56 am
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| I just learned something new. I had always thought they wages from social security were totally untouchable. The only question I have on this is do the children already get money from social security? I know a few people who collect this and they als get money on a seperate check for the children. It is not much but it does provide a little. |
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goodnatured
Joined: 03 Nov 2007
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Mon Mar 29, 2010 1:50 am
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I guess the best thing to do then is to have a totally different account for your social security or other ungarnishable income to go into and not have it get mixed up with other monies right?
It would be a pain having a few accounts but it would be better than having someone or some company come in and clean out your account. At least this way you would have some type of protection. |
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Aaron
Joined: 08 Feb 2010
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Subject: social securoty for children with disability
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Mon Mar 29, 2010 11:13 am
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Hi fireyone,
Yes, children can get money in the form of social security for their disability.
Thanks,
Aaron
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