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Can SSDI be garnished?

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jean



Joined: 01 Jan 2007
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Posts: 1



92 Magic Points

Subject: Can SSDI be garnished?
 
Posted on Mon Jan 01, 2007 1:36 am  

My credit card debt is overwhelming me. One bank turned my account over to an attorney. The attorney's office on the phone told me that they will begin to garnish my income. My only income is SSDI. Can they do that?
george

george

Joined: 06 Jul 2006
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Posts: 69



2855 Magic Points

 
Posted on Mon Jan 01, 2007 7:52 am  

Your SSDI cannot be garnished until and unless you owe any governmental debt that is in default. But the creditors can go after your bank account if your SSDI is deposited there.

In general, only the Financial Management Services which is a part of the US Department of Treasury, has the right to garnish the SSDI.
landrycarr
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Subject: Can SSDI be garnished
 
Posted on Mon Jan 01, 2007 8:33 pm  

Thank you George for your answer. This only involves credit card debt. I have read that if your checking account only has your SSDI or SS payment showing up as a credit, they cannot garnish your SSDI check. They can garnish other deposits in your account. I am waiting for an appointment with Legal Aid to help me cope with this issue and debt issues.
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30060 Magic Points

 
Posted on Wed Jan 03, 2007 8:24 pm  

Hi Landrycarr,

As per new laws on garnishment it is possible in some states, you will have to check out the laws in your states on this.

Carol
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angel
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Subject: laws
 
Posted on Tue Jan 09, 2007 8:38 am  

do you ave a link to find out the things your state allows
Leanne
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Posted on Tue Jan 09, 2007 6:56 pm  

Angel,

You can go through this page to get detailed information on state wise garnishment laws and procedures - http://www.fair-debt-collection.com/state-garnishment-laws.html

Leanne
Audrey
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Subject: Social Security
 
Posted on Tue Oct 16, 2007 2:29 pm  

I am on social security solely. I have some outstanding debts that I am paying back, but find myself without any money at end of month. Ive told the collection places that the only money I have is my ss. Can they still demand payment
Morningstar

Morningstar

Joined: 17 Apr 2007
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Posts: 576



11 Magic Points

 
Posted on Wed Oct 17, 2007 3:16 am  

Quote:
Can they still demand payment


Of course they can; you owe the money...being on SS does not change that fact. You are within your rights to pay what you can (or not at all), and they are within their rights to sue you for payment (which they may not do, if the debt is for a relatively low amount and/or they do not believe they would be able to collect from a judgment).

You can, however, send them a letter demanding that they only contact you through the mail, i.e., to not call you anymore.

If your debts are too much of a burden, you may also seek relief through bankruptcy, or attempt consolidation or settlement.
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Laura

Laura

Joined: 21 Jun 2007
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Posts: 1327



36211 Magic Points

 
Posted on Wed Oct 17, 2007 4:08 am  

Well if you owe the money and it is legit then they will ask for a pay back. Consolidation can be an easy option. If nothing works go for a settlement. This will atleast wave off your interests and extra fees and charges. If nothing works at all you will be left with nothing but bankruptcy to file.

Good luck Smile
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charlesc 0444
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Subject: can the us dept of justice gatnish my ssdi money
 
Posted on Wed Nov 10, 2010 12:03 pm  

i was placed on probation in 1997 and have a restitution of 486.000.000 and have not made a payment in 18 years can the dept of treasuary garnish mt ssdi money?
LilaLou
Guest






Subject: SSDI Garnishments
 
Posted on Thu Aug 18, 2011 1:38 pm  

YES, SSDI checks can be garnished, but only if the debt is a Federally backed loan (student loans) or Federal taxes.

The amount is capped at 15%. But I'm still trying to find out if that 15% is per each debt or total. Hoping it's in total.

As to accepting settlement agreements...that's a joke for most people on SSDI. When you get to the point of needing SSDI in the first place, well, most people anyway, you're already wrecked financially and can barely afford food. I entered a repayment agreement with Windham for my student loans, paid on time for almost a year and then they turned around and attached my SSDI check for an additional amount. That in turn caused me to not be able to pay other bills. So, I stopped paying them. If they're going to attach me anyway I might as well let it be applied to the 15%.
Tonya
Guest






Subject: Felony probation when all I have is SSDI?
 
Posted on Tue May 08, 2012 6:24 pm  

In the state of Florida are you required to pay felony probation when you live off of Disability?
Sharon Riggs
Guest






Subject: SSDI
 
Posted on Sun Jul 20, 2014 11:27 am  

My son receives SSDI, he is mentally ill. He was married and was divorced a year ago. There is a auto loan involved, in which my ex daughter in law is the one that purchased the auto and my son is a co-signer. She has recently filled bankrupty including this loan. Can they go after my sons SSDI for repayment of this loan? Also he was on SSDI went the loan was first signed.

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