Can someone garnish my odsp money ?

[A nice guy whos in pain.]

If I owe a company money can my odsp money be garnished by them?

[abrowne]

Nice guy,
Your ODSP cannot be garnished.  But they have to sue you
first, in order to be able to enforce a judgment by
garnishment in the first place.  But they can't touch
your ODSP.
Angela

---

From: A nice guy whos in pain. <drez...@gmail.com>
To: ODSP Fireside <odspfi...@googlegroups.com>
Sent: Tue, January 25, 2011 8:00:01 PM
Subject: [odspfireside: 34151 ] Can someone garnish my odsp money ?

If I owe a company money can my odsp money be garnished by them?

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[Darlene]

This has been a concern for me too.

I realize that a creditor cannot garnish ODSP the way they could an
employment cheque, but if they have the proper court documents can't
they remove funds from your bank account?

My son is currently on OW but his student loans got taken from his
bank when there were insufficient funds so he wound up getting hit
with heavy service charges.

Thanks.

On Jan 25, 9:00 pm, "A nice guy whos in pain." <drezni...@gmail.com>
wrote:

[Chappie96]

chappie96 Yes I to would like to recieve any info about can my O.D.S.P.check be garnished by a 3rd. party collection agency ? --- On Wed, 1/26/11, A nice guy whos in pain. <drez...@gmail.com> wrote:

From: A nice guy whos in pain. <drez...@gmail.com> Subject: [odspfireside: 34151 ] Can someone garnish my odsp money ?

[Dave]

Thank you sooooo very much Angela**  , so just to clarify evenif I am sued and a judge passed judgement my odsp can NOT be taken away?

[abrowne]

Darlene,
They can't even be seized from a bank account;
however, sometimes this happens unawares ...
but the recipient can file what is called a
garnishment hearing to force the creditor to
return the garnished funds to the account (or
speak to the bank first to see if they can just
make a correction).
Angela

---

From: Darlene <darlene...@gmail.com>
To: ODSP Fireside <odspfi...@googlegroups.com>
Sent: Wed, January 26, 2011 12:03:46 PM
Subject: [odspfireside: 34170 ] Re: Can someone garnish my odsp money ?

[abrowne]

Hi Dave,
The short answer is NO.  In order to garnish anything - a bank account,
a wage, a debt owing to you, etc., one has to have judgment from a
court (or have the judgment transferred from a tribunal to a court to
make it enforceable).  That means you get papers, you have a chance
to defend yourself, it goes to mediation, then to a trial, and then the
party suing has to convince a judge that you owe the money.

However, even if you are on ODSP and went through all of these steps,
the creditor cannot seize your ODSP cheque (or part of it), nor can it
garnish it right from your bank account.  Occasionally, banks have
made errors and allowed garnishments into the accounts of ODSP
recipients that solely receive ODSP.  When this happens, usually
speaking to your bank manager would resolve it, or if not, a
garnishment hearing where a judge would order the money be put
back in, as it is legislated under the ODSP Act that this money is
exempt from seizure of any kind (except for certain conditions, such
as if you owe ODSP money, etc.).
Angela

---

From: Dave <drez...@gmail.com>
To: odspfi...@googlegroups.com
Sent: Wed, January 26, 2011 3:58:50 PM
Subject: Re: [odspfireside: 34174 ] Can someone garnish my odsp money ?

Thank you sooooo very much Angela**  , so just to clarify even if I am sued and a judge passed judgment my odsp can NOT be taken away?

[Dave]

me too, I had a friend that got out of college and his student loans affected him this way too I believe. (?>

[Dave]

hmm, this sounds VERY interesting, and assuring !!!

so if they did , Angela, are you saying I would get the moneys back? Because I am on ODSP* ?

[abrowne]

Dave,
Only if the source of the seized money is from ODSP.

If the money comes from somewhere else, such as if you
are working part-time or are renting out properties, then
this other money would be subject to seizure.
Angela

---

From: Dave <drez...@gmail.com>
To: odspfi...@googlegroups.com
Sent: Wed, January 26, 2011 8:33:40 PM
Subject: Re: [odspfireside: 34179 ] Re: Can someone garnish my odsp money ?

[katkit]

With the student loan issue, you usually sign a paper when you sign up
setting up direct payment from your bank starting 6 months after the
last date you attended school. This can be canceled by writing a
letter or calling to withdraw consent to take it out of your bank
account.

The problem comes in when someone forgets to cancel the pre
authorized payment or forgets they signed for it, so BAM, 6 months
after school, money is taken out of the bank account.

Unfortunately, if this is what happened, you can not get the money
back because it is a pre authorized payment and not a garnishment/
seizure. The only thing to do in this situation is to cancel the pre
authorized payment.

If the loan was handled through the same bank that the payments are
being taken out of, they can take money out of your account without
permission, it is called set-off and it can drain your entire bank
account. The only thing to do in that situation is to close the
account and switch banks.

It happened to me,

[Bill Higgs]

Hi Angela, does this refer to funds received as well from cpp-d?  or just ODSP

 

Thanks

 

Bill

 

----- Original Message -----

From: abrowne

To: odspfi...@googlegroups.com

Sent: Wednesday, January 26, 2011 8:26 PM

Subject: Re: [odspfireside: 34177 ] Can someone garnish my odsp money ?

Hi Dave,
The short answer is NO.  In order to garnish anything - a bank account,
a wage, a debt owing to you, etc., one has to have judgment from a
court (or have the judgment transferred from a tribunal to a court to
make it enforceable).  That means you get papers, you have a chance
to defend yourself, it goes to mediation, then to a trial, and then the
party suing has to convince a judge that you owe the money.

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The message was checked by ESET Smart Security.

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[Dave]

OK, thanks for your clarification Angela, so I WILL be able to sleep tonight.  MY ODSP money is not going anywhere. 

I am making small monthly payments to a company I owe money too however I had a feeling they mat try to get more out of me monthly and after I told her I was on ODSP her voice changed to excitement .. which made me very uncomfortable and VERY nervous ... as if the worst was yet to come.

I cannot tell you again how good of a thing you are doing here ~ odspfireside ~ BRAVO.

[Gilbert]

What about CPPD, as we are all required to apply, For me it is the
bulk
of my monthly income? Is it also protected?

On Jan 26, 8:26 pm, abrowne <browne200...@yahoo.com> wrote:
> Hi Dave,
> The short answer is NO.  In order to garnish anything - a bank account,
> a wage, a debt owing to you, etc., one has to have judgment from a
>

> However, even if you are on ODSP and went through all of these steps,
> the creditor cannot seize your ODSP cheque (or part of it), nor can it
> garnish it right from your bank account.  
>

> Angela

[Lorene]

It happened to me 3 times - each transaction cost me a total of $40. I
opened another bank account with a different account with a different
transit number of the bank. I notified anyone at ODSP, CPP, etc of the
change to deposit any monies to my new account. That included the
other companies, like Rogers, Bell Canada, to take pre authrozied
charges out of my debit account. I waited at least 3 months (as
advised by the bank) before closing my old bank account to make sure
everything was transferred or switched over. I then had no more
problems with the Student Loan taking out of account again.

You can cancel the pre authorized at the bank, but it will not work
because you have already signed agreement with the Student Loan when
you first apply to get OSAP to debit your bank account 6 months after
you finished school. I tried that and found it didn't work.

Lorene