Hi Ya'll, just a quick question. Can a credit card co. garnish a persons Social Security Disability. Someone below was talking about garnishments and this was a question that popped into my head. I've never seen it discussed here or any other board. Thanks bg
RE: Garnishment & S.S. DIS From what I can tell, Government benefits can only be garnished or set-off to fulfill other Government obligations like Government guaranteed student loans or back taxes. I don't think a creditor (other than the Government) can touch them. Be aware though, that if you have them automatically deposited to a bank account, that once they are in the account and co-mingled with other funds, they can be fair game for a judgement.
RE: Garnishment & S.S. DIS I agree with J. Edgar, get the money out of your account ASAP after it is deposited. SSI is not taxable and even the IRS cannot touch it. A creditor has to file a lien attachment to a bank everytime they want to get what's in it. It's not a standing lien, meaning they'd have to do it every month, and if I'm not mistaken, I think it is only good for five days.(this might vary from state-to-state)
RE: Garnishment & S.S. DIS Your right. A Bank levy is good for one shot only. It is not continueous and must be done each time. Once your funds are mixed in with other monies, fighting to prove they touched SSI will be a pain. Just avoid it and put it in a seperate account. Add a person to the account even if it is just a friend or brother (someone who really wont even use the account) and this way a levy will be avoided. You can not levy a persons account if it has another person on it other than a spouse. Another good idea is to put it in a trust. It really doesn't mean anything to you and it will function just like a regular checking but the word "Trust Account" will make it exempt. Kathie wrote: ------------------------------- I agree with J. Edgar, get the money out of your account ASAP after it is deposited. SSI is not taxable and even the IRS cannot touch it. A creditor has to file a lien attachment to a bank everytime they want to get what's in it. It's not a standing lien, meaning they'd have to do it every month, and if I'm not mistaken, I think it is only good for five days.(this might vary from state-to-state)
RE: Garnishment & S.S. DIS Carreon, bg asked this question just for information, I'm the one that's disabled and the ? was just out of curiousity. I have a separate account with just my name and my 2 children. This is an account that I receive their SS check at. If I transferred my check to this account can anyone touch it with just their name and mine. My wifes name is not on it in any way. Thanks for everyones responses, the posts were a lot of help. bg's mom is disabled and she's trying to pay off CROOKS COUNTRY BANK and is afraid they will pull something as they usually do. If she put one of her kids on her account can CCB touch it since her only source of income is SS disablity. Thanks BOB
RE: Garnishment & S.S. DIS Hi Bob, Nope, They cant touch it if there is another party on it that is not a spouse. See, they can go after jointly owned accounts especially if its community property but adding a child or mother makes the account exempt. Make sure you add them on as joint owner not just beneficiary. BOB wrote: ------------------------------- Carreon, bg asked this question just for information, I'm the one that's disabled and the ? was just out of curiousity. I have a separate account with just my name and my 2 children. This is an account that I receive their SS check at. If I transferred my check to this account can anyone touch it with just their name and mine. My wifes name is not on it in any way. Thanks for everyones responses, the posts were a lot of help. bg's mom is disabled and she's trying to pay off CROOKS COUNTRY BANK and is afraid they will pull something as they usually do. If she put one of her kids on her account can CCB touch it since her only source of income is SS disablity. Thanks BOB
