by Ruth
(Laurie, MO)
If a creditor gets a default judgement against my 88 year old mother, can they garnish her social security and small pension from my dad's job?
Comments for Can Social Security and Small Pension Be Garnished?
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by Valentin
(Illinois)
Are social security direct deposits in a checking account safe from seizure by debt collectors if the funds are not co-mingled by other deposits and the account is only in the recipients name only.
Comments for Are social security direct deposits safe from collectors in Illinois
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by megan
(Wisconsin)
Can social security be intercepted for unpaid hospital bills? And if so, will the Social Security pay off the unpaid hospital bills before unpaid child support?
Reply from DebtCollectionAnswers.com: Social Security income is typically protected from garnishment by creditors. However, there have been situations where creditors have gone after bank accounts that contain Social Security funds. If you owe unpaid child support, that is the top priority.
It sounds like you may have several different debts you are struggling with. It would be a good idea for you to at least get a free consultation with a bankruptcy attorney to find out what your creditors can and cannot do to collect from you.
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by Bec
(Chesterfield MO)
My husband only has Social Security and Air Force Retirement. He suffered a stroke in April 2010 that effect his thinking, actions, and speech. The Social Security has put his check in my name due to the fact I now handle all the money going out. He has no assets, no saving, no other source of income. He now has been summoned to court of a debt can they touch his SS or Retirement. I can wheel him into court but he will make no sense, and gets very upset at times. What should I do?
Comments for Social Security and Air Force retirement
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by rhonda
(Brooks, Ga. USA)
My father did a voluntary repo. on two vehicles and losing most of his hearing and being declared legally blind. Now they are contacting us... Can his retirement or social security be garnished or bank acct. funds taken to repay this debt?
Comments for Can funds from a pension and social security be taken?
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I would like to know if debt collectors can get to my Social Security check. It is direct deposited. Is it protected because it is a government check? I drive an old car and I rent. Have no property of any kind other than my car.
Comments for Can Debt Collectors Get My Social Security Check?
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by Carol
(Spring Hill, Fl)
My husband died in 2001 and at that time I had 2 teenaged children who received his social security benefits. My son continued in school past the age of 18, so his benefits did not come to me anymore, but went directly to him in check form. He was cutting out of school and finally was suspended, and eventually he lost his benefits for not attending secondary school. a few years later, I wound up on social security disability. After a few years, social security wrote to me and told me that I owed $12,906 to pay back the overpayment to him. I have been going back and forth with the SSA since 2007 trying to prove I do not owe the money and also that I couldn't afford to pay it back. A few days ago I received a letter telling me that I missed an appointment that they set up for me for August and since I did not respond they want me to write them a check for the amount of $12,906. They said I have 60 days to answer this letter but they are still going to go about collecting the money from me. I never missed one meeting with the administration for the years that I have been dealing with this, but I never got the letter they are saying I ignored. I was hospitalized and then not in my home for a few weeks of recuperation. The mail was picked up by my rental agent, who called me a few days ago to tell me she was holding my mail. I surely would have kept my appointment, or notified them that I was unable to and therefore reschedule if I had received the notice. All of this to ask, can they take away my disability check?
First of all, I do not owe it which I have told them for years. This has been going on for a few years now and in about 6 weeks my ssdi will switch over to straight Social security since I will be 65 in November. Thank you for reading this letter and for any advice you may have for me. Carol
Comments for social security disability says I owe money
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by k mundell
(hudson)
I have medical reasons for being on social security disability. I am concerned about being a cosigner for my child on bank loans for school for which she cannot pay. I receive two pensions total combined is $164.00 plus my Social Security disability. Can they take any of my income?
Reply from DebtCollectionAnswers.com:
K - Social security disability payments may be at risk of you cosigned for federal student loans that are in default. This is called a "federal benefits offset" and up to 15% of benefits may be taken, though the first $9000 (or $750 per month) is safe. Social Security disability is at risk but SSI disability should be safe.
The government is stepping up these actions. You need to protect yourself here.
First, you should understand how this works and what your options are if you are notified of an offset. (You are supposed to get a written notice first.) There is some good information available at StudentLoanBorrowerAssistance.org.
Secondly, you need to talk with your child and have him or her get out of default on their loans. There are a number of ways they may be able to do this, including the IBR program which offers payments as little as zero. This is as important for them as it is for you so don't let them procrastinate. If your child doesn't deal with these loans it will only get worse.
If your child is having trouble navigating the system, help is available for a reasonable fee through attorneys with experienced in these matters.
Find out how to get free or low-cost help with your debt collection problems here.
We hope you are able to find a way to get your child's loans back on track so you don't have to worry about them and can focus on getting well.
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by Gerald
(Macon Ga. Bibb county)
I live in Ga. I secured a loan with some of my lump sum payment from the SSA. A debt collector has filed for a garnishment of the funds to apply on a old car loan for Ford Motor Credit Company. The amount owed is $23,538.45. The loan was made back in 1989. The amount of the secured loan is $6,000.00. Can this be stopped? Can they do this under Ga. law?
Reply from DebtCollectionAnswers.com:
Gerald,
We aren't attorneys so we can't give you legal advice. What we can tell you is the Social Security funds are usually protected from most creditors, however there are some exceptions.
We don't know what you mean when you say you secured the loan with funds from SSA. Typically when you pledge collateral for a loan and then you default, the creditor has the right to take (or repossess) the collateral. But again, we don't clearly understand the scenario you are describing.
In addition, it sounds like this loan is very old and could be outside the statute of limitations. In that case, the debt collector may be acting illegally by taking these steps to collect now.
We'd suggest you free consultation with a consumer law attorney to find out if the collector's tactics here are legal.
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by Linda
(Leominster)
I signed for a car for my daughter over a year ago. The car was in my name. The car was totaled in an accident which was not her fault. Now the credit union is telling me that they got money when they auctioned the car and money for the damages for the car. They now want me to pay them over $7,000 in two weeks for the remainder of the loan.
I live on a small disability income from Social Security. Can you please tell me what to do to stop them from taking my money out of my direct deposit account that I have in another credit union.
I can barely pay my rent and bills now, if they take out any money I will lose my apartment and have no where to go. I need all of the money just to live. Please, can you help me?
Reply from DebtCollectionAnswers.com:
Linda, we are sorry to hear of the difficult situation you are in.
Social Security disability income is usually safe from creditors. You DON'T keep funds with the credit union that has the debt, correct? If so, you need to open an account elsewhere.
Based on what you are telling us, you are probably
judgment proof, and if you tell the credit union that, they will likely stop wasting their time trying to collect from you.
We recommend you get a a free consultation with a bankruptcy attorney to confirm if you are judgment proof. If you are, you can see whether the attorney will write a letter on your behalf to the credit union explaining the situation, or you can do so yourself.
Of course this doesn't stop the credit union from trying to collect from your daughter, if she is on the loan too. She may need to talk with a bankruptcy attorney herself if she can't pay this debt.
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by Stew
(Colorado)
My mom is on social security...that is her only income. She is being taken to court for an auto loan from years ago. Now I already know that they can't take her social. Security and the only thing of even a little value is her current old beat up car which is paid in full. My question is is the car something they can take from her.
Comments for Social security and other property
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by carol
(Addyston OH)
I went to the emergency room last year.(I have no health insurance at the time i was seen and I told them that I still do not have any medical coverage but I keep getting letters from collection companies that I owe this bill. I do not have any money to pay this. What can I do ?
Comments for i no longer work and i receive social security benefits
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by MIKE
(THAILAND)
I am retired and live in Southeast Asia and my ONLY income is from Social Security Retirement Benefit which is direct deposited in my bank account here each month. Can a collection agency garnish my income? What recourse do they have, if any?
Comments for Can My Social Security Income be Garnished?
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by Anne
(Interlachen, Fl)
Can Sallie Mae Garnish my Social Security income because of unpaid student loan due to becoming disabled many years ago? Doctor form was submitted verifying permanent and total disability determined by social security to Dept of Education. I explained this to Sallie Mae several years ago and the reply was they lost the info and then said they were separate from Dept of Education. Within the last few months, I have been receiving threats by mail and now phone.
Someone saying they're investigator Taylor calling me about this with case #. The Putnam County Florida Sheriff I reported this phone threat to has told me it is not legitimate and are looking into it. I recorded the voice mails so Deputy could listen to them. Attorney General, Seniors vs Crime have also been informed.
They said Sallie Mae could not garnish my Soc Sec income. I have many health problems and this stress is exacerbating my heart condition and other health issues as well. What can be done to
resolve this and end harassment?
Reply from DebtCollectionAnswers.com:
There are situations where Social Security income can be garnished to collect federal student loan debt. Read: Help! My Social Security is Being Zapped to Pay Student Loan Debt!
We also suggest you also suggest you listen to this interview about student loan default with attorney Joshua Cohen which should help you understand your rights.
Unfortunately, student loans don't go to simply go away because you can't pay them. You need to find out whether you can get on the Income-based Repayment Program (IBR) to get your payments down to zero or an affordable amount so that eventually the balances are forgiven.
In addition, Anne, debt collectors are required to follow the Fair Debt Collection Practices Act when collecting student loan debts. It's possible collector is not following the law due to the threats you are receiving. After you've reviewed the article we mentioned above and listened to the interview, we also suggest you read the first chapter of Debt Collection Answers online for free. If you think the collector may be breaking the law, be sure to talk with consumer law attorney about the situation.
We hope this helps!
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by Toni
(Sarasota, FL, US)
I have a large unpaid debt with American Express... They hired a law firm, took me to court and have a judgment against me. Now they have confiscated my bank account. My only source of income is my Social Security Check... so they have taken all I have. What can I do? I thought it was illegal to confiscate SS?
Reply from DebtCollectionAnswers.com:
Toni - You need to talk with an attorney right away. Social Security income generally is protected from creditors, and if the debt collection law firm acted illegally you may be entitled to damages and attorney's fees. (For that reason, some attorneys who sue debt collectors will take these cases on a contingent fee basis, where you pay no fee upfront.)
You can contact a local consumer law attorney with experience in debt collection cases (NACA.net is often a good place to find one).
Hang in there - hopefully you can get this resolved fairly quickly.
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I never got the original judgment but I got a copy two months later with a new date. I have no income for garnishment. Worried if they can put me in jail for failure to answer.
Reply from DebtCollectionAnswers.com:
Please don't ignore this. You may be able to get free legal assistance through legal aid. You don't state where you live, but you can try searching the internet for legal aid in your county.
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by Janet
(Vancouver, British Columbia)
I still owe a federal government debt (loan) and it will not be paid off when I start receiving MY US Social Security Pension. Will they withhold all my pension or leave me some?
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by L.B.
(Murrieta Ca USA)
I'm on social security and they have sent me a levy for 4,602.55 which i have no idea who i owed it from. They even garnished me for 250 dollars in the month of October, but 7 mos. before that they sent me a letter of appearance in court in the year 2014 and yet they already have a judgement and garnishment at the same time..so unrealistic aint it?
I don't know what to do since I've been unemployed due to tragic car accident and i depend on my social security to make ends meet.
Comments for Garnished While On Social Security
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by Vincent
(new brockton, al)
How can I protect my social security benefits from my my old debts
Comments for how can i protect my social security benfits from my old debts
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by Zach
(Lebanon MO)
I received social security benefits as part of a child support agreement up until I was 19. Aprox. 10 weeks ago I received notice through my employer that my wages would be garnished to repay this overpayment. This was the first I had heard of anything being owed I would have received this overpayment in 2007! Regardless I owed $1053 and I decided to let the garnishment do its thing and just settle the "debt". As of this week $1583 of my wages have been taken from my checks over the last 10 weeks. The first week of overpayment I contacted the Social Security Administration and all they can say is that they have put it under review. That was 4 weeks ago! I've contacted them again and am getting the same response. Iam just wondering how I can get this stopped and what the chances of getting repayed what has been over collected. Thank you for any h
elp you can provide.
Comments for Wages Being Garnished for Social Security Overpayment
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