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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
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.
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.
what do you mean by 'insulting'?
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.
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. :arrow: NEVER give a CA your account info.
Good Luck
Garnished SSDI Benefit
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.
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?
ssdi
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.
s.s. retirement benefits need to be garnished....How?
My X got a judgement for alimony in our divorce, but refuses to comply. He has a decent monthly amt. thanks to my aid in our biz during our 22 yr. marriage. No one here in Seattle seems to know what I do to get his s.s. garnished...HELP! Thanks
Hi Marc
As far as I know, if you have already obtained the judgment and still you have not been able to enforce the judgment, you may ask the court to enforce it on your behalf. You can ask the court for a warrant of execution, or an attachment of earnings order in order to recover the judgment money.
Garnishment of SSDI Benefits to Pay Back State Taxes
Can the state of California garnish my SSDI Benefits for overdue state taxes? Can they seize assets in my checking account if 99% of the assets in that account are monies from the monthly SSDI amount? Should I stop direct deposit of my SSDI payment? Thanks, Ken
ken d.
if it is state taxes then they can garnish your SSDI but not fully.
Hi ken d,
Your Social Security Disability Income (SSDI) can be garnished upto 15% to pay an overdue State tax. Here are 3 ways to stop garnishment of SSDI, within 60 days after receiving the garnishment notice:
1)Pay off the debt in full.
2)Request a review of the debt from Social Security Administration(SSA). The garnishment will be stopped until SSA is able to review the debt.
3)You should request for a monthly installment payment plan. If you are regular with your installment payment, your SSDI will not be garnished.
Savings.
Hi everybody. I have a question and I'm paranoid about it. I receive SSDI and VA comp and just got my 100% with the VA. I'm wondering how much money from SSDI and VA comp am I allowed to keep in savings? I'm so paranoid that if I save alot the govt will say , "oh he's got too much money" and take away something, like my SSDI. Please help. Thank you.
Hi Billy
SSDI benefits can be garnished only if you owe taxes, have child support obligations or have alimony to pay. Apart from that your SSDi benefits will not be garnished for any other reason.
On the other hand your VA benefits can be garnished if you have waived all or part of your retired pay to receive this compensation. Other benefits like pension received due to any service related disability or death may not be garnished.
bankruptcy and SSDI
can bankruptct or creditors touch tour SSDI back pay benefits from your trust fund
SSDI TAKING BACK PAY
I have been awarded bennifits for SSDI from 1992 until present I got SSI from 1992 until 2005 they say when I get my back pay for the time period of 1992 until pesent they will take our for the years I got SSI. Dose anyone know away around this I am in a bad hardship and really needs this money.
can a civil judgement take or garnish my workers comp settle
i have a judgement against me for a lot of money, i'm on worcers comp and am getting a settlement. are the carriers for my judgement entitled to take or garnish my workers comp settlement?
civil judgement and workers comp
sorry i forgot to say i live in new york state if that matters at all...thanks any info greatly appreciated!!
ssdi & child support
Husband's ssdi & my ssdi checks were seized in the full amounts and taken by child support without notification. He does not owe this money since child did not live with mother at the time of order. We live in Florida..support order is from Mass. no attorney will take our case and now we are negative $19,000 in our ckg account and mortgage and all bills paid are bouncing. We need help before we become homeless.
Well unfortunately your ssdi can be garnished for child support. And I have read somewhere on here that they can take as much as 65% and maybe 85% of your income. And as far as the child not living with the mother at the time. Is something you need to check with the court about. Because if your husband is behind that much it couldn't have been paying the child support as he was ordered to pay. So it really depends on how the order is written up. I may just be the back time he owes and that wouldn't affect where the child was living he still owes the money.
This is true. Garnishment of any income is possible when it involves child support of taxes. I believe the atty may not be taking your case because regardless of wether the child lived with his or her mother would be an invalid point. Either way someone had to be caring for the child and until the child either turns 18 or graduates (which ever comes first) he would need to pay support. Could the mother have collected any welfare for the child even of the child resided else where? How do you know that the mother is the one receiving the past due money? Please let us know.
State garnishment of SSDI back pay benefit
Can the state of CA garnish any or all of my upcoming SSDI back pay due to back taxes owed?
Hello Marvin, The government can take what ever they want when it comes to taxes. Since this is back pay I imagine they will take what is owed to them. Everything that has to do with the state or government goes through a system and they can see if money is owed. I have seen people lose their whole income tax returns from taxes, government loans, student loans and child support. The best way to know this for sure is to call them and ask.
savings
Billy Bob. I just went through hell the past 2 years myself. SSDI started and VA applied for. These are two seperate entities, if you are eligible for both, they can't take either of them away. Be happy you got both of them. Neither can be touched. My ex has been receiving 60% for the last few years and does not have to even report it for taxes. By the way, how long did your VA comp take? I just completed C & P and it was very favorable, it is now at the review board. They are considering 100%.
long term disability
I am getting long term disability through my former employer. I also was awarded SSDI. The long term insurance firm is taking all of my SSDI as per their plan. Is this legal ?
long term disability
Hi Harry,
Whether or not a Social Security can be garnished, depends on the state laws too. However, generally speaking Social Security cannot be garnished under the Federal Law. Thus, you can check the garnishment laws in your state.
Moreover, can you tell me what is the plan of the long term insurance?
Hope this helps.
Regards,
Aaron
pleaseeeeeeeeeeee!!!!!! help me.....JESUS!!!!!!
I'M ON DISABILITY.... I GET SOCIAL SECURITY DISABILITY INCOME...IT'S WHAT I'VE PAYED INTO THE SYSTEM ALL MY HEALTH YEARS OF WORKING...ANYWAY...IM FROM OHIO...I'VE GOT A FEW CHILDREN UP HERE IN OHIO BY A GREAT MOTHER!!! AND THEN... I HAVE ANOTHER CHILD BY A 1 NITE STAND GOLD DIGGER IN KENTUCKY... WHO DECIDES TO BRING A CHILD IN THIS WORLD AND DIDN'T EVEN KNOW MY NAME....I'M A NICE GUY..I WANTED TO BE IN THE CHILDS LIFE....I CAME FROM OHIO TO KY TO MET AND SPENT A LIL TIME WIT THE CHILD...YEAH IT WAS HARD BECAUSE I WAS UNABLE 2 DRIVE BUT I MADE IT HAPPEN...WELL MZ. GOLD DIGGER SEDUCED ME AND DECEIVED ME BY STEALING MY IDENTIY OUT OF MY POCKET WHEN I SLEPT....WELL, OHIO CHILD SUPPORT ORDERED ME TO $50.00 per child when ky order'd me to pay $400.00 for 1 child and i wasn't even working at the time....OK SORRY.....BACK TO THE QUESTION......WHAT IS THE MAXIMUM GARNISHMENT THAT CAN BE TAKE FROM OUT MY SSDI MONTHLY CHECK....I HAVE MULTI CHILD SUPPORT ORDERS....IS THE MAXIMUM THEY CAN GARNISH FROM IT LIKE 50%....? PLEASE LET ME KNOW..........SOMEBODY.....P.S. DONT MAKE NO BABY'S IN KY........
Social Security Disabilty garnishment
I called Social Security office. The ONLY way a creditor can garnish your Social Security benefits (SS or SSDI) is if you have a bank account. They will take the money out of your bank. So get your money OUT of your bank and have your SS check mailed to you and cash it. Walmart will cash it for several dollars. Some banks will also. You need to find a place to cash your check before you close your bank account! This is what I was told. Am and doing
social security garnished for child support
Hi The Handsome Cripple,
You are on Social Security Benefits for disability, and thus your Social Security can get garnished for child support. 25-30% of your social security income can be garnished for child support. However, if you would have been on Supplemental Security Income (SSI), another kind of Social Security, it could never have got garnished. According to the Congress, SSI cannot be garnished though Social Security benefits can be.
Thanks,
Aaron
student loans
am on ssdi, can i be garisment ....cant afford much on ss, can they attach my trailor or car?
ohio child support
how much can ohio take from my ssdi monthly check? its for arrearage
social security non garnishable
Hi Judy & dabriers,
Social Security cannot be garnished by creditors. However, there are exceptions. It can be garnished for federal taxes, child support, alimony.
Judy, the lender may attach your vehicles. Thus, it is better to try and pay off the loan. You can try to negotiate a repayment plan with the lender.
dabriers, can you tell whether or not the court has fixed the amount to be paid? It is generally the court who fixes the amount that is to be paid.
Thanks,
Aaron
Social Security Disabilty garnishment
Will my SSDI backpay check get garnished due to Food Stamps & Cash Assistance from Human Services? I'm in Michigan.
Social Security Disabilty garnishment
Hi Chemika,
As far as I know Human Services is a Government Department. So if you owe money to Human Services they can garnish your Social Security.
Thanks,
Aaron
Social Security Disabilty garnishment
5/3 bank told me they send any garnishment order through their legal dept to see if funds are garnishable (SSDI is not for credit card judgements,ect...). They don't want to be sued by their customers for breaking federal law.
Stipulation and Marital Settlement Agreement
My former husband (still lives with me) receives SSDI. We stipulated and have court order for him to make payments to me which are to be deducted from SSDI. Does SSDI have a legal department that handles these types of orders and what is the procedure. We are in California.
state calif taxs
i get ssi disabled check every month for more then 15yrs. now i owe back taxs with only the state of calif they levy all monies from bank i called them they gave the money back but the bank will not give it to me why/
/
ssdi and child support
I am divorced and have a son that I have not seen in 16 years mother refused to obey visitation rights. She remarried and moved,I tried to find my son for 3 years to no avail she had me in court every month for not paying child support,when it was garnished from my paycheck, she never even showed up for the hearings she hated my parents and did this just to be mean to them. My parents were both in ill health and I took care of them. Well I was wounded in combat in the military,and every thing took a toll on me when both my parents died and I had a nervous breakdown I have spent the last part of 10 years either having surgery or being in the va mentel hospital. I still have 3 surgerys to go. My question is I just got approved for ssdi and ssi can they garnish all of my back pay for back child support. The child support division is on my side because they cannot find her either, I have a good relationship with them and I have their support. I am finally in a position to get my life where it should be. But I feel it will never be right until I see my son. My ex wifes parents told him the truth about his mother and my only hope is that he finds me, he is 18 now. Because if they take all of my backpay I will not be able to hire a private investigater to see what he can do. thank you for listening. Shawn
CHILD SUPPORT
I JUST STARTED RECEIVEING SS FOR 62 IN MARCH IN MAY THEY TOOK 500 OF 882 FOR C.S.UPPORT.THEN THEY SAID I WILL ALSO RECEIVE SSI 664 A MONTH.NOW I GOT LETTER I WILL BE GETTING SSDI BUT LOSING SS AND SSI.THEY ARE GARNISHING 500 OF THE 1200 FROM THAT BENEFIT.WHATS GOING ON?I AM IN CHILD SUPPORT MODIFICATION.WILL C.S BE REDUCED?
Can my SSI benefits be garnished/attached by a California Victim Restitution judgment ?
backchildsupport
can back child support be garnished from social security disability benefits? the state is massachusetts
Wage garnishments
Hi I had filed a civil suit against a person a few years back and I do remember recieving a check in the mail a few years aga but it wasnt for all of the money that I sued them.All of a sudden I have been recieving garnishments checks from their company and the checks keep coming.Will I be held responsible for them sending me these checks that are written out to me.A family member of mine told me that Its not my fault that theyve made an error bc i have been recieving the checks biweekly for the last 3 months seem like they would have caught theri error and if its written out to me then I should cash it?????
The IRS and my spousal support
Hi everyone,
I live on my spousal support only. I have a payment installment with the IRS to make monthly payments,(since I have to claim my spousal as an income). They are now wanting more and threating to garnish my spousal support. Can they garnish my spousal support? Thanks.!
Student Loan Garnishment
Next month I will be going to court to settle my worker's comp case in CA. I plan on taking the full settlement amount instead of receiving bi monthly payments. Because I have been unable to work as a result of my injury I am in default of my student loans. Once I receive my worker's comp disability settlement can the government take what I owe in student loans out of my settlement money?
SSDI and back child support
We live in MN and my son started to receive RSDI. Now child support is taking 65% of his check for back child support. Is this legal?
social security
i am on ssd can any one touch that money they are going to garnishment my wages i dont work but now they say they are going after my husband money can they do that
tax return garnishment / Child support
Hello.....!!!!!! Can child support garnish all my income tax return because of back pay dues even though i am making monthly payments ?????????
california taxes from 2006
can the state garnish my SSDI from my bank even if I have a payment plan set up ? How long can the state attempt to collect this money?
fuck child support fot the disabled
I have 2 kids I take care off on my own,been on welfare due to my disability. Now they want to take 55% and make me and my children homeless while my other 2,children live large in a huge house, lexis cars. I hope all you against ssd burn in hell. fuck half your income taken out is not enough to live. So my self and others close will have to die. Believe me, you'll read about it in the news.