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SS

Posted on: 12th Aug, 2009 12:18 pm
I can not show for a small claims court due to illness, so the court told me if I am a no show I could have a judgement against me. They said property could be attached. You said they can attached your checking account...but not SS, my SS is direct Deposited to my checking. I do however take it all out on that day or the next, but could they beat me to it.? I am 68, in Ct. and have no assets, live with my husband and daughter, no car, no savings.
louella, you have a while before you have to worry about them beating you to the money. if a judgment is awarded, you'll be given a payment order (for example, $25 per week). if you pay the order as stipulated, the creditor will be happy and your SS money will be safe. if you fail to pay according to the court order, you are then subject to attachment. in all likelihood, that would mean the bank account where your money gets deposited.

if you simply pay the judgment as ordered, the issue with your Social Security disappears.
Posted on: 12th Aug, 2009 01:52 pm
Thank you so much for reply, but if I call SS and no longer have them direct deposit, rather send me my check. Then there is no reason to have a checking account. That is the only reason I have one because i give my daughter cash to pay any of my expenses. Do you agree if I have no checking account they have nothing at all to attach.???
Posted on: 12th Aug, 2009 03:26 pm
Hi Louella,

I don't think it would be a good option as the creditor may consider this as illegal and may penalize you for this. It would be better if you could pay off the dues as per the court order and settle the issue.

Thanks
Posted on: 12th Aug, 2009 07:15 pm
i very much disagree with you james on the possibility that a creditor "may penalize" her. clearly, it would be a better thing to simply pay the amount stipulated by the small claims court. that eliminates completely the chances of the creditor attaching the bank account. garnishment is usually a last resort anyway, after all else has failed.

louella, you will find that whatever award the court grants to the creditor will result in a minimal monthly payment - perhaps $25 or $35. i think it would be a wonderful idea if you write a letter and forward it to the court. did they give you that option? by doing so, at least you have addressed the situation, and the judge in your case may very well provide you with more time and postpone the hearing until you're actually available.

you don't have to just sit back and wait for this creditor to take your money, you know.
Posted on: 13th Aug, 2009 06:37 am
I only receive $630/ month SS, and the credit card last I knew was about $600. My point is I have since I stop paying them developed 3 medical problems, and I only have medicare, so you can imaging the 20% bills piling up, I pay them first and not much left. I called the court and asked if someone else could come in my place, like my son, or husband. They said No. But, I check with my bank and they said they can not attach my SS when it is direct deposited, the law (she says) is the bank has to call me to get approval for them to take it or a portion, does that sound right to you.
Posted on: 13th Aug, 2009 07:12 am
i honestly don't have knowledge of the specific law. what your bank told you looks pretty peculiar to me, though, unless it's specific to social security benefits.

i'd think the social security administration would have all the answers.
Posted on: 13th Aug, 2009 07:23 am
Louella,

Last point that george said is right as per my knowledge.
You should consult social security administrator.

Thanks
Posted on: 13th Aug, 2009 08:37 am
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