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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?

sunnyca2009 · Joined: 04 Aug 2009 Posts: 1731 35.55 Dollars($)

Legally they cannot garnish the social security income.

Probably your partents neeeds to inform the bank the the income they get is social security income

Also validate that your parents really owe money for that car and also a good idea to get an attorney to fight this out

smithsussane · Posted: Mon Oct 12, 2009 8:27 pm Post subject:

Hi maria!

Welcome to forums!

As far as I know, a creditor cannot garnish social security income. If he does so, it would be considered as illegal. I would suggest you to contact an attorney and discuss the case with him. He will be able to let you know what steps your parents need to take in this regard.

Feel free to ask if you've further queries.

Sussane

raymond · Posted: Wed Oct 14, 2009 9:25 am Post subject:

Social Security can only be garnished by the Government. I did a Reverse Mortgage for a homeowner a couple years ago and $200.00 per month was being withheld from her Social Security for a Sallie Mae student loan she took about many years before.

Guest

I have my SS direct deposited each month, that is my ONLY income, normally I wait until it is in the checking account pay some doctor bills via check and then go to the bank the very same day and withdraw the balance out. Recently I had a small claims judgment against me for $25 a month on a credit card. First payment due 11/13/09, which I am not going to pay because I am engulfed with doctor bills and they come first then food.
I have 2 questions...
#1 how long after the 13th will they get the OK to garnish my checking account????? I have no monies any place else.
#2 According to (Section 207 of the SS act (42 U.S.C. 407) my SS can not be touched, being prepared I called my bank (TDBank) and they said they no not know how to handle this problem, what are you thoughts?

raymond · Posted: Sat Nov 14, 2009 8:32 am Post subject:

>>what are you thoughts?

Open up another checking account so you'll have two active open accounts, have your social security check auto deposited into the new account, and do not provide any creditors with the number of that account. And if you make any payments to that creditor, do not make the payment with a check from the new account.

gmakerley · Posted: Sun Nov 15, 2009 10:13 pm Post subject:

yeah but raymond, unless the new account is with a new bank, any garnishment in the existing bank will find its way to the new account. if they're going to try this ploy to eliminate loss of the social security income, then this must be an account at a different financial institution.

raymond · Posted: Mon Nov 16, 2009 7:28 am Post subject:

Thanks George, I didn't know that. I thought they needed the exact account number at the bank.

gmakerley · Posted: Mon Nov 16, 2009 8:30 pm Post subject:

indeed a pleasure to edify my fellow experts

Guest

I indeed did go to another bank to open this second account and at the same time notified SS to now direct deposit into the new bank. I have to ask, since it is a attorney that is representing the credit card company, how is it you felt they could get at my account at bank A (meaning how they could get that checking account number) and not get the account number at Bank B. (new one.)????

gmakerley · Posted: Tue Nov 17, 2009 9:19 pm Post subject:

it's not so much a matter of an account number, but you probably cited bank a in your application for this card, so they knew you banked there. they don't know you have an account with bank b, so they have no reason to send an attachment to that bank looking for money.

it's really that simple.

jameshogg · Posted: Tue Nov 17, 2009 11:59 pm Post subject:

Hi Pete,

As per the Section 207 of the Social Security Act, your social security income cannot be garnished whether it is deposited with Bank A or Bank B. If your creditor does so, that would be illegal. I would suggest you to contact an attorney and he will help you in taking the right step.

Thanks

Guest

If I could afford a attorney, I would just pay the creditor..lol. I have already received my SS for Nov, so we will see how things go in Dec...
This is interesting, on the Notice of Judgment or Disposition it says:
"Please be advised that postjudgement interest continues to accrue until the debt is satisfied is full" With that statement I would assume that $25/month the debt would never be repaid? You are correct George, I did not only use Bank A on the application for the card, I also made 2 years of payments with checks from bank A. So I did go to a complete new financial institution for my checking account....THANK YOU ALL for the advise, it is so appreciated.

gmakerley · Posted: Wed Nov 18, 2009 8:36 am Post subject:

not sure about the debt never getting paid off, pete. that's not a reasonable expectation on either part - yours or the creditor's.

you're welcome; hopefully, you can get squared away and move forward.

Guest

let me ask you another question, if you would be so kind. As you know from my above notes I have a judgment from small claims court of $25/week starting on 11/13/09 and I am not going to pay this. What should I expect the next sequence of events be?
Should I send prove to the attorney (Plaintiff) that won the judgment that my ONLY income is Social Security and have no assets. Therefore he can not forge ahead on garnishment, or should I just leave it alone.

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