A question, if I may
~> Bob <~
I am a 63 year old man with type 2 diabetes (and complications) and
have been on Social Security Disability for 2 1/2 years. My doc says
I am insulin resistant.
I'm currently taking 12 different prescriptions each day, two types of
insulin (quick acting and 'the other'), plus Symlin which is derived
from Gila monster saliva. (I tell folks I'm taking lizard spit)
I'm guessing the Symlin is now manufactured <?>.
When I became disabled, I had some outstanding credit card bills
which, due to lack of income, I was unable to pay off. I notified the
creditors and explained my situation and have not heard from them
since.
I recently checked my credit report and all but one account is still
active, and "in collection".
Recently I saw a newspaper article which said that although S/S income
is exempt from attachment (except for a few things like back taxes,
child support, etc) some creditors are seizing bank accounts of S/S
recepients who have direct deposit, forcing the recepient to go to
court to prove their income comes from S/S and get the attachment
cancelled. This costs the S/S recepient attorney fees, court fees,
bank fees, etc.
Does anyone here have any info on this ?
The link below (which is not the newspaper article ~ I couldn't find
that) may be of interest to some. Any info or input is much
appreciated.
Thanks !
Six String Stu
"~> Bob <~" <mongo_...@yahoo.com> wrote in message
news:77793f22-a838-4f8f...@p18g2000pra.googlegroups.com...
requested a letter from them detailing that they were aware of it's title II
status and the rules governing it's management.
I don't have ANY credit, so no creditors. I used to have golden credit,
could walk into a supply house and order twenty grand worth of shingles with
just my word and a signature. later on i would just send them a P.O. with
the material sku numbers and it would be delivered.
Now I can't even get a $500 loan with a deed and abstract.
Nonna Yabisness
<77793f22-a838-4f8f...@p18g2000pra.googlegroups.com>,
"~> Bob <~" <mongo_...@yahoo.com> wrote:
> Does anyone here have any info on this ?
I'd back date the message history as there has been substantial
discussion on this.
It is illegal to garnish SS wages except in instances of back federal
taxes and child support.
There is a direct deposit system mentioned here that is allegedly free
of such attempts and it is run by the government for SS people.
If attachment were to happen, it can only happen after a formal court
proceeding of which you must be notified about, and attend. At that
time you only need to display an award letter from SS and that ends it.
However these attchments are sometimes being done without proper legal
channels being followed. For example a creditor getting a court
approved attachment in one state against you but you live in another.
The bank gets a court order to attach but you are out of the loop. It
is rare when that happens and it is usually unscroupulous creditors
operating on the edge of the legal system.
The problem is that banks are required to follow a court order, but it
is also illegal to attach SS funds. The bank is stuck in the middle.
Allegedly there is legislation in process that will fix this.
So in summary, and my non-legal suggestion here (I am not an attorney
and cannot give legal advise) is to get a copy of your SS award letter
as a disabled person on SSDI and when you get a bill or threatening
letter from these people to send them a copy with a cover letter that
you are disabled on SSDi and send it certified and return receipt.
If they phone and refuse to give you a postal address where
correspondence can be sent, they are likely operating a scam. Hang up
on them. There are loads of those out there that press people for
checks by phone or other stuff.
If called to court on a small claims by any creditor bring a list of
bills but especially your SSDi award letter. That is the show
stopper. you can claim inability to pay. that won't erase the debt
but it will show that you are somewhat untouchable.
If you discover your bank funds missing bring the award letter to the
bank and see the branch manager and tell him/her that carnishment of
SS fund is illegal and to restore them. That should be sufficient.
One serious recommendation... make sure that the bank account that has
the SSDi check direct deposited is separate. In other words the only
funds in that account are the SSDI funds. That way no claim an be
made that there are other funds co-mingled with them that are subject
to garnishment. If you occasionally see a check from someone else or
other convern, keep a separate bank account for those funds.
--
Nonna
Kane
Thats' what I do...I'm going to court too but they won't get much from
my bank account, 2 dollars and 22 cents :)
Fight to survive!
Mike Gibson
news:77793f22-a838-4f8f...@p18g2000pra.googlegroups.com...
Assuming your only income is from SSA;
Make sure your bank knows your direct deposits are protected under title II.
If your branch manager isn't sure ask him / her to check with the bank legal
department and to tag your account as title II protected.
I would recommend you notify each debtor your sole source of income is SSDI
( title II ) funds and include a copy of your latest award letter. Keep them
notified of any change of address so they can't claim they didn't know where
to serve you. If they then try anything illegal you have them where it hurts
as a court would award you all associated cost if they attempt garnishment.
If you do get any money that is not title II protected funds keep them
separate from your SSDI ( protected ) money. As an example you give someone
a ride and they give you a check to cover part of your gas money, a relative
gives you a check for 50 or 100 dollars for Christmas or you get a rebate
check for a new appliance you buy. Cash any private or rebate checks and use
the money to pay for groceries or other items you need to buy.
Mike
~> Bob <~
I have notified my creditors that my only source of income is SSD.
The creditors are BIG ones, such as Capitol ONE, and such, so I'd
doubt I'd have any 'unscrupulous' dealings.
I'm just paranoid.
As for getting my check mailed to me, I did make that change and got
this month's check in the mail.
I kind of like keeping my debit card for occasional purchases online.
Due to my diabetes, it affects my legs and I am unable to walk far or
stand long, so I surf the net at times to shop.
(This past month I got two serviceable end tables from Kmart for $26.)
I know I can get a debit card via Walmart, but the fees are a pain.
You get one free ATM use per month and then they start charging you.
I may go that route. Money orders, and a Walmart debit card.
I'm putting what little cash I have on hand in an envelope and then a
baggie and into my freezer. LOL
As sick as I am, and as much hassle as all my meds are, and I am soooo
sick of injecting my self all day, I don't need any more hassles to
worry about. I can become quite despondent just standing at the
kitchen counter and seeing all those bottles of pills.
Well, thanks again for the input.
I may lurk about a bit if you don't mind.
~> Bob <~
Lots of info there, and my apologies for not having done that earlier.
At this moment, I'm strongly leaning to staying with the mailed SSD
check (which I began this month)
and paying any bills by money order.
Fortunately, my only bills at this time are my rent and my phone/
internet.
Your input has helped me and I think/hope this will ease my mind.
Puddin' Man
The quintessential bedrock fact that one needs to remember re attachment
of a bank account is simply that it cannot be attached if no one knows
the account number. The obvious exception is the bank that maintains
the account. If you effect a direct payment, they can likely identify
your account number.
I get SS retirement payments as a check in the US mail. Seems to
work fine.
No one is chasing me, so I haven't tested it, but, if you're now
financially stable except for a few creditors (i.e. Cap 1), I think
you could likely open an online checking account and use their bill-
pay for utilities etc and use money-order -only- for those that are
"chasing" you (again, i.e. Cap 1).
But if you think you might get in trouble with a vendor in the future ...
P
"Law Without Equity Is No Law At All. It Is A Form Of Jungle Rule."
Lava
Lava
"Nonna Yabisness" <No...@Yabisness.not.aol.com> wrote in message
news:Nonna-3BF65A....@news.albasani.net...