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social security garnishment

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x2exercise



Joined: 13 Jun 2008
x2exercise's page
Posts: 1



135 Magic Points
Subject: social security garnishment
 
 Posted on Fri Jun 13, 2008 11:33 pm  
my mom had her checking account garnished right now her money is frozen the only money going in there is her social security check. she had a stroke and is in a nursing home. this is her only income can they take her money or is s.s money excempt from this it is a credit card debt.
CMBV22

CMBV22

Joined: 08 May 2008
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4810 Magic Points
 
 Posted on Sat Jun 14, 2008 3:17 am  
Hmmm, sounds complicated....I would consult a SS lawyer.
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scott

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10878 Magic Points
 
 Posted on Sat Jun 14, 2008 6:16 am  
Social security benefits, pension payments, and incomes of disabled cannot be garnished even if you cannot pay your bills. However social security account can be garnished only under certain specific cases like to enforce child and alimony obligations, pay federal tax and debts owed to IRS, delinquent student's loan and the like. But it should always be kept in mind that credit card companies are not allowed to garnish your social security account. You should immediately contact a SS lawyer as CMBV suggested.
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anthony

anthony

Joined: 31 Jul 2006
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13571 Magic Points
 
 Posted on Sat Jun 14, 2008 6:39 am  
Yeah, social security benefits are exempted from garnishment or other legal processes except for enforcing child support and/or alimony obligations and payment of unpaid federal taxes. But as Scott said, creditors can never garnish your SS account for collection of credit card dues.
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sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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Posts: 1889



1356 Magic Points
Subject: debt
 
 Posted on Sun Jun 15, 2008 3:29 pm  
Why is your mom's account being 'frozen'? I don't think I saw a reason, in your post.
donna
Guest
 
 Posted on Sun Jun 15, 2008 4:49 pm  
well its not actually frozen she had $3200 in her account the credit card company lawyer is trying to garnish her checking account money so they levied her account for 11000.00 so her account in now in the hole for over 8,000 the bank is in the process of verifing the information so the money that is in there is considered gone. right now she can't spend any money of her's because its like she is over drawn in her account. its the weekend so we can't talk to anybody til monday so we just have to wait
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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1356 Magic Points
Subject: debt
 
 Posted on Sun Jun 15, 2008 11:58 pm  
Does the lawyer know all she is getting is SS? Of course, i would think you would have to have proof of it..I'm sure you do. Maybe the SS office can do something. Fax the lawyer a letter, etc.
burros
Guest
Subject: arrears
 
 Posted on Fri Jul 04, 2008 7:14 pm  
social security garnished by state for arraers on child support
burros
Guest
Subject: s.s.garnishments
 
 Posted on Fri Jul 04, 2008 7:18 pm  
S.s. is beign garnished by the state for arrears
goodnatured



Joined: 03 Nov 2007
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10 Magic Points
 
 Posted on Fri Jul 04, 2008 9:16 pm  
Since it is the weekend, you will have to wait till monday to get to talk to your bank about it. I think the bank can do something to get the money back for you, if you file paperwork that states that it was an unauthorized garnishment.
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Lorri



Joined: 15 Jul 2008
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213 Magic Points
 
 Posted on Thu Jul 17, 2008 1:20 am  
My advice would also be to check with your bank. It seems as though the bank could put your moms SS deposit into a separate account or something. I noticed just now that this was from about 2 weeks ago--does anybody know if this was resolved?
MARSHA
Guest
Subject: GARNISHMENT
 
 Posted on Sun Aug 10, 2008 3:51 pm  
The bank also garnisheed my entire bank account leaving me with a negative balance My only income is social security. Can the bank get the money back if it was exempt funds.
goodnatured



Joined: 03 Nov 2007
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Posts: 3927



10 Magic Points
 
 Posted on Sun Aug 10, 2008 9:39 pm  
I do not believe that they can. Were they aware that it was social security benefits? You may want to make them aware of that.
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fireyone



Joined: 26 Feb 2008
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Posts: 4285



127 Magic Points
 
 Posted on Mon Aug 11, 2008 12:41 am  
Be sure you do. I can't understand how they can leave you with a negative balance. This seems unfair. Did you agree to have funds withdrawn from this account at anytime? How can a place go into your account and just take money?
Clyde Harris



Joined: 14 Aug 2008
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Posts: 1



40 Magic Points
Subject: Social Security funds frozen by bank!
 
 Posted on Thu Aug 14, 2008 7:51 pm  
This is a violation of federal law when done for a private creditor, Banks evidently are not aware of this, however, ignorance of the law is no defense.

You can read my experience of having this done to me at:

http://www.newszapforums.com/forum58/

(title: Are Banks, Savings and loans exempt from Federal law? )
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