can creditors garnish your social security

Submitted by kso805 on Wed, 12/16/2009 - 16:43
Forums
Credit repair

I have 25,000 in credit card debt. I have been paying on time up until now i am having a hard time paying them. can they garnish my social security?? I do not own a home i live with my boyfriend. the car i own which is not running right now is only worth about 1200. i have no other assets. i filed bankruptcy in 2003. i tried settling but they said since i am paying on time they will not settle. what do i do, i am seriously drowning in doubt. so if i just quit paying the credit cards what can happen to me?????

sdchargers_63

hello, KSO. Well.......if your SS is Direct Deposited (like other Government checks are) and you actually get a Judgment, from the Courts, that they can ganish your bank account, than I would ( on the 'safe side') say YES they can. Is this CC Co SAYING they are going to do this?

Wed, 12/16/2009 - 21:54 Permalink
kso805

no their not saying that, i just called to try and settle and they said unfortunately if you pay your bill on time they do not settle, so your punished in a sense. what if i don't have my ss check direct deposit?? Or i let the bank know that the only money going in my account is my social security. legally they cannot touch your social security. so i have lots of credit cards do i pay some and not others or none at all?? thanks for your help

Wed, 12/16/2009 - 22:37 Permalink
Justin

Hi Kso,

No creditor can garnish the money coming from Social Security. You must let the bank know that the money transferred in their account is your social security money, then they will not allow garnishment. You have already filed a bankruptcy so there is no point trying to settle the debt now. Which bankruptcy did you file? Do you have a time period of 5 years to pay the debt off?

Thu, 12/17/2009 - 07:10 Permalink
kso805

hey justin thanks, but back in 2003 i filed bankruptcy, and i always forget which one is which but it releived me of all my debts and i didn't have to pay any back. being on ss only i got back in debt. so actually i can't file again until 2013. should i continue paying some of the creditors or just not pay any of them. like stated above i tried to settle one credit card i owe 1037.00 on and he told me to pay it off i would have to pay 1016.00. so i am really confused on what to do. all i know is i am drowning in debt and its getting harder to tread the water.

Thu, 12/17/2009 - 14:42 Permalink
sdchargers_63

The 'SS' thing I wasn't sure about, either. Actually...A 'Client', of mine, is having a bit of trouble with this. Her (the 'Client') and her daughter have a bank account together. her daughter is having some kind of debt 'garnished' from her paychecks. BOTH the daughter's paychecks and the 'Clients' SS are going into the same account. because the 'garnishment' is a high amount, 'they' (whomever is taking the money out) is 'dipping into' the 'Client's SS, as well. Can 'they' do that? I didn't think they LEGALLY could. Any advice I can give my 'Client'? Thanks.

Thu, 12/17/2009 - 17:40 Permalink
kso805

I AM NOT A LAWYER BUT I WOULD THINK THAT THE SAME GOES FOR THE DAUGHTERS SOCIAL SECURITY TOO. THERE SHOULD BE NO WAY THEY CAN TOUCH THAT. THEY NEED TO LET THE BANK KNOW WHERE THAT MONEY IS COMING FROM. TELL YOUR CLIENT TO MAKE SURE THEY TALK TO THE BANK AND MAKE SURE THEY KNOW THAT HER DAUGHTERS ACCOUNT IS GETTING GARNISHED AND IT IS SOCIAL SECURITY MONEY.

Thu, 12/17/2009 - 18:18 Permalink
sdchargers_63

I will tell her this. Thanks. Actually.......it's he 'Clients' SS money and it's the daughter's debt that is being debited. I appriciate the response.

Fri, 12/18/2009 - 02:47 Permalink
fireyone

SD, your client should consider removing her name from this account and establishing one of her own. If she needs someone to pay her bills (if this is the reason she has the combined account) then she should find another peson to help her until this is over. I here social security now has cards they send out to their recipients. One solution is she could have one of these cards issued to her. They deposit yor monthly check on the card. She could then just have someone withdraw the money from the card and go pay the bills in person or with money orders. It would be a solution.

Fri, 12/18/2009 - 17:09 Permalink
jerry emma (not verified)

I just got out of the hospital with heart problems and found out that noe I've lost both my jobs along with my car all I have left is my SS can the CC companies go into my account and take it?

Fri, 07/08/2011 - 22:55 Permalink