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social security garnishment

Posted on: 12th Oct, 2009 06:58 pm
i have a question my parents account has been garnished their only income is social security every month. The garnishment is from a car that got repoed like 7 years ago they are saying they owe 5.000 dollars.
I checked on they account today its zero they have taken their money out of the account. Is this legal what can they do?
Guess he is out of luck, I own no property. live with my daughter, no savings account or any assets at all. just Social Security, and that he can no touch
Posted on: 25th Nov, 2009 05:49 pm
>>Should I send prove to the attorney (Plaintiff) that won the judgment that my ONLY income is Social Security and have no assets.

There's a couple chapters on how to do this, and what to say to the Attorney, in a book I'm reading called "How to settle your debts without committing financial suicide" by Norman H Permutter. You should be able to check it out at your Library. An updated second edition is available, so try to get that one.
Posted on: 29th Nov, 2009 09:21 am
pete there is also something that we haven't discussed and that's property attachment, such as personal property (car, for example). if you have lost your case in court and the order is in for you to pay $25 per week, they'll have no other course of action except to try to find an asset that they can grab in order to get their money.

presumably, you told the court that SS was your only income, right? and that you have no assets, right? a creditor can still seek to garnish your bank account, in the hope of finding enough money to reap the benefit.
Posted on: 29th Nov, 2009 08:10 pm
George, relating to our early chats, I did as you suggested, opened a new checking account at a complete different financial institution for my SS to be direct deposited and not using that account to pay doctor bills. Called Bank B) So that account number will never be used.
2) I did not close the account in Bank A, it only has a balance of $10.
3) To your question: Facts: I own no property IE: house or land, we live with my daughter in her home. I own no money assets IE: savings, stocks, bonds and/or 401K etc.
4) As far as my car, Please let them take it: It is a 16 year old car, with 279,000 miles on it and that I use around town with the Check engine light always on, Anti lock break light always on and the Air bag light always on..lol My AARP insurance is only $33 a month..
So back to my question: I can send the attorney copies of the last 12 bank statements from Bank A to prove that my only income is direct deposit of SS..? Which you would assume that he is on a fruitless trip to get money.?????? What do you think....and damn George, thank you so much for the help. Pete
Posted on: 30th Nov, 2009 08:39 am
And thank you Raymond, you see I worked 30 years for one Company, retired at 60 with a good amount of money just to find out that both our kids were in real serious financial situations, so between helping them out big time, and the loses I took with Merill Lynch I hate to scrap bottom to wait for SS to kick in, and then the worst happen, my wife of 49 years was diagnosed with heart problems, COPD, possible Kidney problems and extremely soft bones, hence we pay major doctor and hospital bills being Medicare only pays 80% . Therefor you guys are god sent, because damn if I can add a lawyer to my bills.
Posted on: 30th Nov, 2009 08:51 am
i don't think it'd be worth the trouble to send your statements, but i also suppose it wouldn't do any harm. would that get them off your back? i don't know for sure, of course, but it might. truly, pete, i don't know how to answer that. you can always offer them the car! :lol:
Posted on: 30th Nov, 2009 10:23 pm
There are stricter criteria for debt collectors and loan companies to garnish Social Security and other types of federal benefits. Banks are prohibited from garnishing federal benefits unless the account in question has a 2 month supply built up, and people who depend on such benefits seldom are able to achieve that. However, federal benefits can nevertheless be garnished by parties other than banks. I found this here: "personalmoneystore.com/moneyblog/2011/05/02/social-security-garnishing.html"

[External link deactivated as per forum rules. Thanks.]
Posted on: 05th May, 2011 10:10 pm
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