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my mom had her checking account garnished right now her money is frozen the only money going in there is her social security check. she had a stroke and is in a nursing home. this is her only income can they take her money or is s.s money excempt from this it is a credit card debt.
Hmmm, sounds complicated....I would consult a SS lawyer.
Social security benefits, pension payments, and incomes of disabled cannot be garnished even if you cannot pay your bills. However social security account can be garnished only under certain specific cases like to enforce child and alimony obligations, pay federal tax and debts owed to IRS, delinquent student's loan and the like. But it should always be kept in mind that credit card companies are not allowed to garnish your social security account. You should immediately contact a SS lawyer as CMBV suggested.
Yeah, social security benefits are exempted from garnishment or other legal processes except for enforcing child support and/or alimony obligations and payment of unpaid federal taxes. But as Scott said, creditors can never garnish your SS account for collection of credit card dues.
debt
Why is your mom's account being 'frozen'? I don't think I saw a reason, in your post.
well its not actually frozen she had $3200 in her account the credit card company lawyer is trying to garnish her checking account money so they levied her account for 11000.00 so her account in now in the hole for over 8,000 the bank is in the process of verifing the information so the money that is in there is considered gone. right now she can't spend any money of her's because its like she is over drawn in her account. its the weekend so we can't talk to anybody til monday so we just have to wait
debt
Does the lawyer know all she is getting is SS? Of course, i would think you would have to have proof of it..I'm sure you do. Maybe the SS office can do something. Fax the lawyer a letter, etc.
arrears
social security garnished by state for arraers on child support
s.s.garnishments
S.s. is beign garnished by the state for arrears
Since it is the weekend, you will have to wait till monday to get to talk to your bank about it. I think the bank can do something to get the money back for you, if you file paperwork that states that it was an unauthorized garnishment.
My advice would also be to check with your bank. It seems as though the bank could put your moms SS deposit into a separate account or something. I noticed just now that this was from about 2 weeks ago--does anybody know if this was resolved?
GARNISHMENT
The bank also garnisheed my entire bank account leaving me with a negative balance My only income is social security. Can the bank get the money back if it was exempt funds.
I do not believe that they can. Were they aware that it was social security benefits? You may want to make them aware of that.
Be sure you do. I can't understand how they can leave you with a negative balance. This seems unfair. Did you agree to have funds withdrawn from this account at anytime? How can a place go into your account and just take money?
Social Security funds frozen by bank!
This is a violation of federal law when done for a private creditor, Banks evidently are not aware of this, however, ignorance of the law is no defense.
You can read my experience of having this done to me at:
http://www.newszapforums.com/forum58/
(title: Are Banks, Savings and loans exempt from Federal law? )
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anyone can leave you with a negative balance fireyone, used to be the banks were on the consumer side, now it seems as if they are out for the money, they are not very helpful when it comes to giving you advice on these matters either.
Hi MARSHA
I also agree with the fact that the bank has violated the laws. Social Security benefits cannot be garnished expect for payment of federal taxes, child support and alimony obligations. But as far as I know most state has laws which require the bank to inform you that your account is to be garnished. At that time you should inform them that it is your social security account and hence it is exempted from garnishment.
I believe the banks ought ot do a better job in informing the consumer when a garnishment is going to be made. Especially if it iks a new garnishment or one that doesn't happen regularly. I also diagree with them leaving you with a negastive balance. You would think that if a bank knew you well enough (as they should) and seen this garnishment was going to leave a neg. balance a simple phone call from them would save alot of trouble
I think that one should always inform the bank that the money that gets credited in his account is a social security payment. Sometimes the court may give judgment asking the bank to freeze your account even if it has money received as social security benefits because the court may not be aware of it. In such a case you need to obtain permission from the court to access your account.
Very true. If you appear in court at the time the judgement is handed down you can accomplish this,especially if it is your only source of income. My sister had a judgement put against her over a vehicle many many years ago. They couldn't collect on it because her only income was from Social security disability.
That makes sense, social security benefits can not be garnished period....
Wouldn't a person know about a garnishment before the bank would? Maybe it was said and I missed it.
I would ahve to agree with you there. I don't think a judgement can be issued with out the person having knowledge becaus eI believe only a judge can issue a garnishment. Maybe if the person didn't show up in court?
method of payment from goverment when being garnisheed
To protect your social security check from that illegal and dishonst practice of placing a levey against all funds in your bank account I would suggest that you call the toll free number for the social security adminastration (1-800-772-1213) and change your method of payment from direct deposit to a paper check mailed to you once a month. This does two things 1-it insures you receive your money monthly ,which for many of us is our only source of income and a levy against your bank would put us in the street homelesss which at our age could be a death sentence , second it forces the people trying to garnishee you to do it according to the letter of the law. Don't misunderstand the garnishee will still take place but it forces them to do it according to the letter of the law
Garnishment of SSI For child Support.
Can SS disability Benefit be garneshid for a child support payment?.
Thanks.
Hi Russ,
Yes, your Social Security Disability Benefits can be garnished for child support payments. It can also be garnished if you have alimony or any delinquent student loan.
done to me too
my bank has me overdrawed for the amount of credit card debt which has me frozen ..i was told this cant be done but it has happened i cant pay my utilities and have several checks getting ready to bounce over this the bank said it will take 7 to 10 days for a decision a another 10 days for a refund if that happens and i also called the ss opffice and they ssaid it is subject for garnishment if the court rule sit.. im getting ready to file bankruptcy
credi cards
Almost two years have gone by without money coming in. I filed for disabilty social security and just now started get a check. I could not pay credit cards or anything else What can I do.
can they garnish ss for a law suit
Social Security Garnishment
Hi Robin,
Under section 207 of the social security act nobody can garnish social security, though there are some exceptions. Those are federal taxes and child support or alimony obligations. Garnishments are allowed only on these. However, you can opt for a direct deposit for securing the social security benefits. Regarding this you can ask the bank where you have an account.
social security garnishment
Yes, they can garnish ss out of a checking account. They can't go after ss directly, but if it happens to be in a checking account when they get an order to garnish it and the bank neglects to mark it as ss funds, then they can get it. This has just happened to me. I talked to ss and they said that basically collectors have found a loophole and a way to get people's ss checks.
The creditor's lawyers said my bank was the one that needed to mark the money as ss funds or it would go to them. My bank said it should automatically take care of itself. I can not speak to anyone in the banks legal department directly so right now it is just wait and see. My account remains "frozen" until they work up the garnishment order and overdrawn for several thousand dollars.
social security garnishment
Hi,
Social Security is non garnishable under the Federal Laws. However, to stop your social security from being garnished, you will have to maintain a separate account for the social security to get deposited. You will have to declare to the bank, and the creditor or collection agency that the money comes from social security.
Thanks,
Aaron
arrears
can s s be garnished for back child support
ss
will it be garnished if the father is in the arrears for back payment
socail security garnished
Hi Sandra & Carmel,
Social Security as such cannot be garnished. However, Federal Law mentions that even Social Security can be garnished for child support and alimony. It can be garnished even for back payment arrears.
Thanks,
Aaron
garnishment
My daughter had $500 taken from her account. At the time, she had $2 in it. Now she is negative hundreds of dollars. How can a garnishment take money that you don't have? It doesn't seem legal.
garnishment
Hi Aprilelane,
Garnishment laws vary according to states. So, you need to check out the garnishment laws in your state. However, as far as I know, no state allows a creditor to levy more from your account than what it actually contains, unless you have an overdraft line of credit.
Thanks,
Aaron
Social Security Garnishment
Social Security Benefits cannot be garnished unless it is for child alimoney or IRS....It is a federal law under section 207.
However, I do not understand how the banks can pull money from your bank account(s) that hold Social Security Benefit monies and make your bank account negative where now you owe overdraft fees which are not cheap, esp. when your account holds and can be proven your Social Security Benefit monies.
Because of the legal laws it would seem to me they would know the laws, esp. Federal more than anything...even State laws. In the garnishment packets they receive, it states the Exemptions when there is a garnishment on a bank account(s). According to the Exemptions law $150.00 is protected by law in a bank, savings & loan association or credit union account .....& $300.00 for married account holders. Are the banks overlooking this issue to make money from the overdraft fees when they level your account(s)? One would have to wonder!
There is no excuse for the actions of the bank other than to carry out the Court order fully with the Exemptions in place. Why they are not doing that bewilders me, too!
What is happening?
Social Security Garnishment
Can a law suit be brought against those who froze your bank account holding your Social Security or any Exempt monies in it? After all, the banks legal departments & the creditor garnishing get in writing from the court what is Exempt under the Federal laws in the court ordered garnishment.
I find it interesting that in the freezing process no one seem to uphold the court order & the Federal law.
social security garnishment
Hi crusial,
Yes, I think the original poster can sue the person garnishing Social Security. This is prohibited by the Federal Law.
Thanks,
Aaron
Social Security Garnishment
Need more information about whether a lawsuit can be brought against a law firm representing a credit card company who has frozen or garnished a bank account with clear Social Security monies.....also, can the bank who has released the funds be a part of the lawsuit if this can be done?
social security
Hi crusial,
No idea. I think this needs to be discussed with a lawyer.
Thanks,
Aaron
Social Security Garnishment
Probably so!
Social Security Garnishment
Something to think about!
If a bank's legal services receive the Exemptions as a part of a garnishment court order, why would a bank continue to freeze all monies regardless of the accounts that clearly hold Exemptions?
I read that there is a Bill in Washington waiting to be signed that is going to address this issue that we should see this year or next year......????
Social security garnishment
Hi crusial,
Can you please let me know what this bill is exactly about, and where did you get the details?
Thanks,
Aaron
Social Security Garnishment
AARP article!
Social Security Garnishment
...a Reversal of frozen Social Security Funds was done!
Contacting the creditor/law firm debt collecting agency with Exemption information & proof the funds frozen were Exempt funds & asking for them to be unfrozen was the key....being persistant. Faxing a letter with the Exemption information as their reminder works! Also, talking with the banks Branch Manager about the situation also helped. Even though the banks legal department will only say they are carrying out court order, still let them know the funds frozen are Exempt under the Federal law. Every state has its procedures in the matter, I hear.....but under Federal law your Social Security, VA, SSDI, etc. are protected from garnishment unless there is child alimony or IRS involved.
social security garnishment
Hi crusial,
Every state has its procedures in the matter, I hear.....but under Federal law your Social Security, VA, SSDI, etc. are protected from garnishment unless there is child alimony or IRS involved
Yes this is very true. According to the Federal Law Social Security is non garnishable, and the exceptions are alimony and child support.
As for
AARP article
can you please give the link to this article?
Thanks,
Aaron
Thank god the feds regulate somethings that bill collectors get their nasty little mitts on.
Social Security Garnishment
I wonder how many people out there that are having or have had their social security funds garnished by debt collecting agencies/law firm debt collecting agencies recently and the banks went ahead and froze your Exempt accounts recently or within the past 5 yrs knowing Federal laws nationally and usually the Exempt information is clearly within the court order to freeze a bank account.....
Social Security Garnishment
The AARP article.....go to AARP.com......in the search bar type in social security garnishment.....the artile you're looking for is "Social Security Recipients Devastated by Bank Account Seizures".
I hope this is informational although all of us who are being devastated by the our social security monies or any Exempt monies being frozen daily is still going on.....