Can they Garnish SSI?
Pete Townshends Chick
Im in big trouble if they do!
earthpots
> Oh, Plz say NO! plzzzzz!
>
> Im in big trouble if they do!
No, "they" (I am assuming creditors) cannot. First, they have to go to court
and obtain a judgement. Has this occured yet? Or are they attempting to do
so? You do need to let the creditors know, when they attempt to go to court,
that your SSI is exempt from seizure or garnishment.
or http://tinyurl.com/32s6eo has a legal document just scroll down to the
bottom of the page. Click Declaration of Defendant Regarding Income and
Assets Exempt from Garnishment which opens in MS WORD. Change the
Washington State info to the name of your state, and fill in the name of
your court and case number from the court paperwork the creditors send you.
If there is already a judgement against you, then you can still use the
above form at the hearing where they determine your assets and income. Not
only can they not seize your SSI, they also are limited in what property
they can seize. You should make 3 copies of that form; one you keep, one you
send to the court, the last you get notarized and send to the creditor
sueing you by Certified Mail Return Receipt Requested.
Along with the declaration linked to above, send the following letter to the
creditor, with a copy to the court, and 1 for your records. You can just
copy and paste the below into a word processor, put the address of the
person you are sending to in the top left, and your signature, name and
address in the lower right. Attach a copy of your Award Letter, or if you
have been on SSI longer than 2009, your latest Benefit Statement showing
amount for 2010 (which you either recieved or should shortly receive). .
Safe from Garnishment
Federal law makes Social Security benefits exempt from levy, garnishment,
and assignment- 42 USC 407(a) states. "In general the right of any future
payments under this sub chapter SHALL NOT be Transferable or assignable. AND
NONE of the moneys paid or payable or rights existing under this subchapter
shall be subject to execution, levy, attachment, garnishment, or other legal
process, or to the operation of any bankruptcy or insolvency law".
Attached thereof, is proof of benefits furnished by SSA, a Statement of
Benefits.
Make sure your SSI goes into a dedicated account that does not have funds
fronm other sources deposited in it. The court cannot differentiate what
funds can be seized, and not seized, and you will have to fight to get back
the SSI, once you prove what funds in the account are from SSI. Much easier
to do if the only funds being deposited in an account are SSI funds. Inform
your bank with a letter stating the law, so they won't respond to the
seizure order and freeze the account. You can use the Safe from Garnishment
letter I pasted above.
If you do everything I mentioned, you should not have your SSI garnished, or
your bank account where you deposit your SSI frozen and it's contents
subject to seizure.
--
Carol
Contessa of Consternation
Known to leave foes discombobulated
Autistic Spectrum Code v.1.0
AS? d- s--:+ a+ c+ p+ t-- f S+ p@- e+ h- r- n+(-) i+ P m-() M
http://www32.brinkster.com/ascdecode/
"I have run rings around you logically". Monty Python
Email at clay_p...@nospam.com, removing the 'nospam' and replacing
with 'msn'.
Pete Townshends Chick
*wipes sweat from brow*
People Who Dance Are Considered Insane By Those Who Can't Hear The
Music. -The late, great George Carlin.
http://www.motorcityrock.com/bands/antifashion/antifashion.html
Relayer
Chick) wrote:
> Oh, Plz say NO! plzzzzz!
>
> Im in big trouble if they do!
Move your payment to Direct Express or get a paper check just in case
because they can sneak in and still do it once it hits the bank. Or
freeze the account at a minimum.
Pete Townshends Chick
minor car Trouble, that I simply cant pay.
http://www.motorcityrock.com/bands/antifashion/antifashion.html
SoundChaser
message news:29128-4B2...@storefull-3172.bay.webtv.net...
> Im closing my account and having the checks sent here. I just got
> into
> minor car Trouble, that I simply cant pay.
>
you, and if that is the case, they can file a mechanics lien and take
your car. And you don't want that....
>
>
> http://www.motorcityrock.com/bands/antifashion/antifashion.html
>
earthpots
> Im closing my account and having the checks sent here. I just got into
> minor car Trouble, that I simply cant pay.
>
>
Ahhhhh.... But they *CAN* seize or reposess the car, if you haven't paid the
payments. You need to work out something with the finance company, _before_
that happens.
>
> http://www.motorcityrock.com/bands/antifashion/antifashion.html
Cheryl
"Pete Townshends Chick" <Petetowns...@webtv.net> wrote in message
news:29128-4B2...@storefull-3172.bay.webtv.net...
> minor car Trouble, that I simply cant pay.
>
>
>
> http://www.motorcityrock.com/bands/antifashion/antifashion.html
Opps! Car trouble is one of the few things you're not going to get around
easily--like house foreclosure. Like others have said, if you have borrowed
money or had repairs done and haven't paid, they probably will repo the car.
If you don't mind losing the vehicle, the other advice is solid about any
judgment they might obtain for the remaining balance due--which will most
likely happen since most repo'd cars aren't worth the amount owed on them.
If you've gotten into an auto accident, though, and not paid for the
damages/injuries, that could mean serious trouble. Even if they can't attach
your assets, they sure can attach your driver's license and your ability to
register vehicles. In my state, privileges are revoked for 10 years. If you
don't mind sitting out the # of years (more in some states, less in others)
without a driver's license or vehicle... oh well. You would still have to
deal with any fines incurred from the accident.
PMP4Hire
amount owed), so chances of working out a revised
and/or reduced payment schedule is pretty good.
Tom in AZ
don
Six String Stu
"don" <d...@panix.com> wrote in message
news:hgo8pd$o89$1...@reader1.panix.com...
> What is Direct express?
>
http://www.usdirectexpress.com/edcfdtclient/index.html
Pete Townshends Chick
without insurance. The State wants 500$, the courts (altho I did pay
some money) 500$
I dont have the money PERIOD! Im on webtv for heavens sake. The car was
impounded and they got it.
So I got a letter stating that they will be looking into my bank
account!
Should I just close it, form another idenity and leave the state. (joke)
But seriously, Should I just close the account.
Thanks Kindly
http://www.motorcityrock.com/bands/antifashion/antifashion.html
Six String Stu
Stop breaking the law is a good start. Driving illegally is breaking the
law. You got caught. The only thing to do is pay the cost of breaking the
law and correct the behavior so you don't find yourself in the same
situation again.
That might take you some time, but it is doable. Five bucks a month maybe?
earthpots
> Thanks for your help. Leme explain. I FOOLSHLY got caught driving
> without insurance. The State wants 500$, the courts (altho I did pay
> some money) 500$
>
> I dont have the money PERIOD! Im on webtv for heavens sake. The car
> was impounded and they got it.
>
> So I got a letter stating that they will be looking into my bank
> account!
>
> Should I just close it, form another idenity and leave the state.
> (joke)
>
> But seriously, Should I just close the account.
> Thanks Kindly
>
>
Is SSI the _only_ money you deposit in the account? Then you don't need to
close it. The link and letter I gave you still apply, they can't freeze your
bank account, and seize funds that come from SSI, and they can't garnish
your payments. Give them copies of those forms informing them of those facts
However, you can likely kiss your drivers license and car goodbye. If you
don't/can't/won't pay the fees/fines imposed by the state/courts, they will
eventually sell the car at auction to recover some of the expenses, and the
state can revoke your driving priviledges indefinitely.
If you can, work out a payment plan with them; inform them that you only
receive SSI, and that you can only pay so much a month. You may have to pay
the money for WebTV to them instead. Which is more important to you, having
a car and being able to drive, or having WebTV? Personally, I'd take the
former, as you can always surf the net from any public library, and most
college/university computer labs for free.
Lesson learned is to obey the law and get auto insurance. Policies for
Pleasure/Leisure drivers are easily under $500 a year. I pay around $350 a
year, spread out in quarterly payments, for auto insurance through Erie. You
have to budget, and plan ahead to have money set aside to pay for the
insurance. It may mean no WebTV, as that money may have to go to insurance,
but again, there are places where you can surf for free.
Painful and expensive lesson, but only you know if you have/will learn from
it, and take responsibility. One way or another, you are going to pay; I
strongly suggest you show proof of SSI income and lack of liquid assets, and
work out a payment plan that will be satisfactory to all parties. You may
need legal assistance, contact your local Legal Aid if you ell too
overwhelmed by all the legalities to handle this yourself.
Pete Townshends Chick
foolish, and I lost a car. But we all make mistakes. I learned a lesson!
Blessing to you and yours.
PTC
http://www.motorcityrock.com/bands/antifashion/antifashion.html
Pete Townshends Chick
http://www.motorcityrock.com/bands/antifashion/antifashion.html
earthpots
> Your info is priceless and your kind attitude appreciated. Yes, I was
> foolish, and I lost a car. But we all make mistakes. I learned a
> lesson!
>
> Blessing to you and yours.
>
> PTC
>
>
Your welcome, and good luck to you.
Annie Laurie
We all learn from our mistakes and-----------its not a "mistake" if you
can fix it, BEFORE the boss sees it------------ :)
Relayer
> Relayer <relayer...@aol.com> wrote in news:c85495fd-a659-4bbb-947e-
> 23ab12c35...@h9g2000yqa.googlegroups.com:
> any less attachable than a bank account. Do you? I would think a
> court can serve a freeze directive regardless of where the account
> is held.
100% yes
Twayne
nobs <no...@nobs.org> typed:
> Relayer <relay...@aol.com> wrote in news:c85495fd-a659-4bbb-947e-
> 23ab12...@h9g2000yqa.googlegroups.com:
> any less attachable than a bank account. Do you? I would think a
> court can serve a freeze directive regardless of where the account
> is held.
Yes, they can garnish SSI.
--
--
We've already reached
tomorrow's yesterday
but we're still far away from
yesterday's tomorrow.
Twayne
Pete Townshends Chick <Petetowns...@webtv.net> typed:
> Your info is priceless and your kind attitude appreciated. Yes, I was
> foolish, and I lost a car. But we all make mistakes. I learned a
> lesson!
It was decent advice and in general pretty good. The "can't garnish" stuff
in general protects you from business and law suits etc., making your money
"safe" within reason from their taking it without your approval.
The gvt though can do pretty much anything they want to, whenever they
want to, regardless of what Fed rules one might dig up. They have a plethora
of other words and methods to accomplish their goals if they really want to,
but it's not going to happen unless the crime is great or the amount of
money is not in accordance with payments from SS. Just follow the rules as
carefully as you and perhaps your advisor can that's all. Due diligence can
be a great protector.
Good luck and here's to a great new year,
Twayne
>
> Blessing to you and yours.
>
> PTC
>
>
>
> http://www.motorcityrock.com/bands/antifashion/antifashion.html
--