Forums
Chase has charged off my $5000. with them since I cannot make the payments in the amount they require. They would take small payments of course, but still continue with legal proceedings, so I am concentrating on other bills and not paying anything. A collector told me today that they could garnish my social security from my bank account, even though that is my only income. Is this true? Should I change banks? I can't remember if I ever paid them from this account last year, or just went through billpay, which is a bank check. If anyone here has had any experience with this, I would welcome all comments. Thank you.
To the best of my knowledge, Social Security payments into a bank account are not supposed to be touched; the bank is supposed to safeguard these funds...but it does happen. If it does, you need to file with the court and show that this is an exempt asset. I would also speak with your bank's branch manager for more information about how they protect these funds.
Agreeing with morningstar social socurity payments are not to be garnished. They are protected under state and federal statues. Its probably another one of there on going scare tactics, but still do your research . Good luck!
Social Security Garnishment
I did not get good information from my bank today. It was late in the day and only a customer service lady was available. She called her help line and they told her that the account could be garnished, and then I would have to go to court to show it was exempt. She did not know of anything I could do beforehand to show the funds were exempt. I will go back tomorrow and talk to a manager.
I read on one site that I should not put other money into that account, other than the social security deposit. That sorta makes sense, but I am more confused than ever now. Can't feel safe about my son putting money in the account now to help with my bills, if I should not mix the money!
Is your social security wages direct deposited? It would be a little aggravating but if you didn't want to go through the court process you could stop direct deposit, close that account and have your son open an account in his name so that you could pay the bills. You could also just go through the court process since sooner or later you will probaly need a checking account and they could still attach. Doesn't it have to go in front of a judge in order to garnish wages from an account? If so why couldn't she bring all this up then (with proper proof) and save the time and aggravation of a seperate court date?
Doesn't it have to go in front of a judge in order to garnish wages from an account?
As I understand a levy, it is an administrative function; the judiciary has already done its part (issued a judgment). In the event of a seizure of a bank account, the debtor needs to file an exemption with the court.
To the best of my knowledge, Social Security payments into a bank account are not supposed to be touched; the bank is supposed to safeguard these funds
Having trouble locating my source...it is possible I misinterpreted something, somewhere.
I read on one site that I should not put other money into that account, other than the social security deposit. That sorta makes sense, but I am more confused than ever now. Can't feel safe about my son putting money in the account now to help with my bills, if I should not mix the money!
This is absolutely correct; these assets would not be subject to an exemption.
Are you in the process of being sued, or has Chase already obtained a judgment?
SOCIAL SECURITY GARNISHMENT
So many replies! I appreciate it sooo much. Chase does not have an actual judgment, but they have filed in December, and I answered, but nothing but phone calls since then, to settle for less....or maybe pay $153. a month, which I cannot do for a couple of months. I am catching up on the mortgage and that will be done in May. I did receive a letter from them recently , a copy of a notice asking the court for a summary judgment, but there was no filing notes, etc., so I don't think they filed it, and it was not "served" on me like the first notice was. I will go to the courthouse in the morning and show them that and see what if anything has been filed since I answered. I talk really nice when they do get me on the phone, trying to hold them off with promise to start paying in May, so no court maybe. I honestly would rather have a lien on the house than them trying to garnish my check. I could pay off the lien if we ever sell. I can't get anymore credit anyway! Oh yes, the check is direct deposited. Don't they have to know which bank, etc.? Thanks again for all the response.
Don't they have to know which bank, etc.?
It isn't very hard at all for a judgment creditor to find bank accounts. Once a judgment has been obtained, they can demand this information under penalty of perjury or contempt of court.
Morningstar is correct on that fact. They would be able to find accounts fairly easily. I read somewhere the only thing they can attach is things just in your name alone. Like say there are acounts, house and so on in two different names (say yours and your hubbys) they can't touch them. They have to be in your name alone. Does anyone know if there is any truth in that?
Your social security should not be able to be touched by anyone. But any other money that you would put in the account would be garnishable. Can your son open his own account?
I did alot of looking and social security benefits ARE exempt and they cannot attach them. Hope the original poster checks back in and sees this.
But they can go into the bank account and take any other funds, she really needs to make the bank aware of what is and what is not social security, it is really hard to get your money back once they get thier greedy little hands on it.
I think she should just put in her social security. No other funds, that way she doesn't have to prove that is what the money came from. It wouldn't be hard to prove if her checks are direct deposited and she could show a bank statements showing it being the ONLY deposit.
True, this would be the safest way to go.
Better safe than sorry.
so
So- you stiffed them out of 5k and instead of making payments to correct the default, you come on message boards for advise on how to avoid them.
Hope you don't owe any school loans. After the debt collections improvement act, they can garnish SSI and SSDI for up to 25%. Sleep tight
Thank you
Thank you all for this information! Now, that I understand that if a person gets disability the funds cant be touched. Though, can a judgement be put against the person. If so, how long does it follow you and how long does it stay on record.
Social security benefits, pension payments, and other types of incomes of elderly and disabled people are exempted from garnishments. But any other money that is put into the account can be garnished. So I think to play safe, no other funds should be kept in the account.
Though, can a judgement be put against the person. If so, how long does it follow you and how long does it stay on record.
Seven years, or life of the judgment (which can be renewed)--whichever is longer. The amount of time a judgment is valid will vary from state to state.
bank garnishment
If my social security check and my husbands social security check is the only money deposited into our checking account, can the bank account be garnished?
Levy/Exempt
I just had this happen to me Honest!!!!
I am on total disability and when I saw I had zero in m y bank due to a levy put on by a credit collector court order hold on my account.
I called them had to mail them proof of my only deposits to my account is disablility and they had to inform the bank of the hold being dropped due to the fact they can not touch government payments disability ... social security...widow benefits...
any government payments even if they are direct deposit.
Then the bank told me to go to the courts get a letter of exempt due to disability and give a copy to my bank so this can not happen again, and if a creditor threatens to do this hold send them a copy also of the exempt.
Again just to say Government checks can not be touched....
xGrFUiCdqciVm
AcTMXN I truly appreciate this blog. Really Great.
kmJLjPcXtkpIBFJV
QrsMtO Fantastic blog article.Really thank you! Want more.