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Sylvia
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Subject: SOCIAL SECURITY GARNISH ALLOWED ON CHARGED OFF ACCT?
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Sun Mar 16, 2008 5:48 pm
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| Chase has charged off my $5000. with them since I cannot make the payments in the amount they require. They would take small payments of course, but still continue with legal proceedings, so I am concentrating on other bills and not paying anything. A collector told me today that they could garnish my social security from my bank account, even though that is my only income. Is this true? Should I change banks? I can't remember if I ever paid them from this account last year, or just went through billpay, which is a bank check. If anyone here has had any experience with this, I would welcome all comments. Thank you. |
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Morningstar
Joined: 17 Apr 2007
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Posts: 601
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Sun Mar 16, 2008 6:00 pm
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To the best of my knowledge, Social Security payments into a bank account are not supposed to be touched; the bank is supposed to safeguard these funds...but it does happen. If it does, you need to file with the court and show that this is an exempt asset. I would also speak with your bank's branch manager for more information about how they protect these funds.
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Fasfeed
Joined: 06 Feb 2008
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Posts: 87
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Mon Mar 17, 2008 12:07 am
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| Agreeing with morningstar social socurity payments are not to be garnished. They are protected under state and federal statues. Its probably another one of there on going scare tactics, but still do your research . Good luck! |
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Sylvia
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Subject: Social Security Garnishment
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Mon Mar 17, 2008 11:59 pm
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I did not get good information from my bank today. It was late in the day and only a customer service lady was available. She called her help line and they told her that the account could be garnished, and then I would have to go to court to show it was exempt. She did not know of anything I could do beforehand to show the funds were exempt. I will go back tomorrow and talk to a manager.
I read on one site that I should not put other money into that account, other than the social security deposit. That sorta makes sense, but I am more confused than ever now. Can't feel safe about my son putting money in the account now to help with my bills, if I should not mix the money! |
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
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Tue Mar 18, 2008 12:40 am
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| Is your social security wages direct deposited? It would be a little aggravating but if you didn't want to go through the court process you could stop direct deposit, close that account and have your son open an account in his name so that you could pay the bills. You could also just go through the court process since sooner or later you will probaly need a checking account and they could still attach. Doesn't it have to go in front of a judge in order to garnish wages from an account? If so why couldn't she bring all this up then (with proper proof) and save the time and aggravation of a seperate court date? |
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Morningstar
Joined: 17 Apr 2007
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Posts: 601
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Tue Mar 18, 2008 12:51 am
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| Quote: | | Doesn't it have to go in front of a judge in order to garnish wages from an account? |
As I understand a levy, it is an administrative function; the judiciary has already done its part (issued a judgment). In the event of a seizure of a bank account, the debtor needs to file an exemption with the court.
| Quote: | | To the best of my knowledge, Social Security payments into a bank account are not supposed to be touched; the bank is supposed to safeguard these funds |
Having trouble locating my source...it is possible I misinterpreted something, somewhere.
| Quote: | | I read on one site that I should not put other money into that account, other than the social security deposit. That sorta makes sense, but I am more confused than ever now. Can't feel safe about my son putting money in the account now to help with my bills, if I should not mix the money! |
This is absolutely correct; these assets would not be subject to an exemption.
Are you in the process of being sued, or has Chase already obtained a judgment?
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I don't dream since I quit sleeping |
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SYLVIA
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Subject: SOCIAL SECURITY GARNISHMENT
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Tue Mar 18, 2008 2:23 am
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| So many replies! I appreciate it sooo much. Chase does not have an actual judgment, but they have filed in December, and I answered, but nothing but phone calls since then, to settle for less....or maybe pay $153. a month, which I cannot do for a couple of months. I am catching up on the mortgage and that will be done in May. I did receive a letter from them recently , a copy of a notice asking the court for a summary judgment, but there was no filing notes, etc., so I don't think they filed it, and it was not "served" on me like the first notice was. I will go to the courthouse in the morning and show them that and see what if anything has been filed since I answered. I talk really nice when they do get me on the phone, trying to hold them off with promise to start paying in May, so no court maybe. I honestly would rather have a lien on the house than them trying to garnish my check. I could pay off the lien if we ever sell. I can't get anymore credit anyway! Oh yes, the check is direct deposited. Don't they have to know which bank, etc.? Thanks again for all the response. |
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Morningstar
Joined: 17 Apr 2007
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Tue Mar 18, 2008 4:20 am
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| Quote: | | Don't they have to know which bank, etc.? |
It isn't very hard at all for a judgment creditor to find bank accounts. Once a judgment has been obtained, they can demand this information under penalty of perjury or contempt of court.
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fireyone
Joined: 26 Feb 2008
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Tue Mar 18, 2008 10:39 am
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| Morningstar is correct on that fact. They would be able to find accounts fairly easily. I read somewhere the only thing they can attach is things just in your name alone. Like say there are acounts, house and so on in two different names (say yours and your hubbys) they can't touch them. They have to be in your name alone. Does anyone know if there is any truth in that? |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3735
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Sun Mar 23, 2008 12:51 am
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Your social security should not be able to be touched by anyone. But any other money that you would put in the account would be garnishable. Can your son open his own account?
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Goodnatured,
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fireyone
Joined: 26 Feb 2008
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Mon Mar 24, 2008 2:15 am
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| I did alot of looking and social security benefits ARE exempt and they cannot attach them. Hope the original poster checks back in and sees this. |
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goodnatured
Joined: 03 Nov 2007
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Tue Mar 25, 2008 1:38 am
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But they can go into the bank account and take any other funds, she really needs to make the bank aware of what is and what is not social security, it is really hard to get your money back once they get thier greedy little hands on it.
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Goodnatured,
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
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Wed Mar 26, 2008 12:27 am
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| I think she should just put in her social security. No other funds, that way she doesn't have to prove that is what the money came from. It wouldn't be hard to prove if her checks are direct deposited and she could show a bank statements showing it being the ONLY deposit. |
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goodnatured
Joined: 03 Nov 2007
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fireyone
Joined: 26 Feb 2008
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Tue Apr 01, 2008 11:36 pm
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| Better safe than sorry. |
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