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    1964Mary's Avatar
    1964Mary Posts: 1, Reputation: 1
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    #1

    Mar 20, 2007, 08:19 PM
    Judgement for Social Security Disability Benefits
    I am on social security disability benefits and it is the only income I have. If a credit card company has a judgement against me can they take my disability benefits, personal belongings, or home or lien on home to repay debt? What can they do to collect the debt?
    Unclem's Avatar
    Unclem Posts: 6, Reputation: 1
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    #2

    Apr 11, 2007, 12:06 AM
    Quote Originally Posted by 1964Mary
    I am on social security disability benefits and it is the only income I have. If a credit card company has a judgement against me can they take my disability benefits, personal belongings, or home or lien on home to repay debt? What can they do to collect the debt?
    No they cannot take your disability benefits from you. Only the US Government can if you owe child support, taxes, student loans etc.
    I am on Social Security and Va disability and I have checked into it. I also own my home.
    I went to the registry of deeds and filed a homestead on my property which prevents someone from making me sell my home to pay creditors. As long as you are current with your mortgage company and your equity in your home is no more than a certain amount. Law varies for different states.The rest of my problems I am still researching. I cannot afford to file bankruptcy.
    ellie187's Avatar
    ellie187 Posts: 6, Reputation: 1
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    #3

    Sep 26, 2007, 11:54 AM
    They can freez your checking account or any other account that you may have.There is one account you can open that the credit card company can't touch,It's called Electronic transfer.Go to Electronic Transfer Account (ETA) - Home Page Hope this helps you.
    Doc_Jim's Avatar
    Doc_Jim Posts: 12, Reputation: 3
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    #4

    Jan 3, 2008, 07:40 PM
    Quote Originally Posted by ellie187
    They can freez your checking account or any other account that you may have.There is one account you can open that the credit card company can't touch,It's called Electronic transfer.Go to Electronic Transfer Account (ETA) - Home Page Hope this helps you.

    ETA, or Electric Transfer Account is basically an electronic check direct to a bank/Credit Union. It is not an account itself. The account is held in a bank or credit union, and thus able to be frozen and used to pay legal judgments.

    It appears that you failed to appear at court when notified of a judgment filed against you. That was a mistake. The judgment was probably a default (no appearance on your behalf) judgment.

    Legal representation on your behalf is best in this instance. The bank holding your funds for you is bound by law to obey the judgment. I would talk to the bank representative and advise them that the account contains SSDI payments and those payments are exempted by federal law. Also try to write to the court and tell them this information. I would recommend that you also indicate a payment schedule with which you can live so the court does not view you as trying to get out of just debts. You might also send a copy of that letter to each of the lenders who obtained a judgment against you and ask if you can work with them on this.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jan 5, 2008, 05:06 AM
    Quote Originally Posted by 1964Mary
    I am on social security disability benefits and it is the only income I have. If a credit card company has a judgement against me can they take my disability benefits, personal belongings, or home or lien on home to repay debt? What can they do to collect the debt?
    Hello Mary:

    Your benefits cannot be garnished. Make sure the bank knows that the money being deposited into that account is SS.

    You are judgment proof. That means that even though you have judgments, they can't be collected upon. Therefore, I wouldn't send 'em a nickel. SS is barely enough to eat.

    No, they can't put a lien on your home or take your personal belongings.

    excon
    linda lofton's Avatar
    linda lofton Posts: 4, Reputation: 1
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    #6

    Mar 12, 2008, 06:11 AM
    Wher do I get a notice of exempt 42usc407 form? You're a great help thank you so very much.I live in the state of Georgia.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Mar 12, 2008, 06:24 AM
    Hello linda:

    I don't know if there's a form. Just talk to you bank. They'll tell you what you need to do.

    excon
    linda lofton's Avatar
    linda lofton Posts: 4, Reputation: 1
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    #8

    Mar 12, 2008, 07:00 AM
    :)
    Quote Originally Posted by linda lofton
    wher do I get a notice of exempt 42usc407 form? your a great help thank you so very much.I live in the state of georgia.
    There is something called a notice of exempt42usc407 I just don't know if there is a form or you write a letter of notice of exempt
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Mar 12, 2008, 07:15 AM
    Hello again, Linda:

    Well, I looked, and I can't find anything that suggests there's a form. Most laws don't have forms that go along with them.

    Write a letter and cite the law. Send it certified, return receipt requested. Believe me; they're not going to continue to take your money because you wrote a letter instead of filing the right FORM.

    excon
    gregie's Avatar
    gregie Posts: 2, Reputation: 1
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    #10

    Mar 20, 2008, 09:13 PM
    What percecnt of retroactive ssdi payment can be garnished by child support
    gregie's Avatar
    gregie Posts: 2, Reputation: 1
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    #11

    Mar 20, 2008, 09:15 PM
    Percent garnished by child support
    Rafasgirl's Avatar
    Rafasgirl Posts: 6, Reputation: 1
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    #12

    Jul 21, 2009, 08:44 PM
    Quote Originally Posted by excon View Post
    Hello Mary:

    Your benefits cannot be garnished. Make sure the bank knows that the money being deposited into that account is SS.

    You are judgment proof.
    That means that even though you have judgments, they can't be collected upon. Therefore, I wouldn't send 'em a nickel. SS is barely enough to eat.

    No, they can't put a lien on your home or take your personal belongings.

    excon
    Wow, that's not fair. I just had a tenant dog me out and refusing to pay just because she's on disability. Is it possible to get a hearing with SSI, otherwise people on disability can do anything.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #13

    Jul 21, 2009, 08:50 PM

    Hello R:

    It's true. People who are judgment proof can pretty much have their way ----- IF the landlord isn't wary. Of course, a good application, a background check, and a decent sized deposit protects most landlords from them.

    excon
    Rafasgirl's Avatar
    Rafasgirl Posts: 6, Reputation: 1
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    #14

    Jul 21, 2009, 10:39 PM
    Quote Originally Posted by excon View Post
    Hello R:

    It's true. People who are judgment proof can pretty much have their way ----- IF the landlord isn't wary. Of course, a good application, a background check, and a decent sized deposit protects most landlords from them.

    excon
    Well, I've been searching all night on the internet and found out her ex-husband listed my house as his address. It's all over the internet and he left a substantial amount of clothes and items there. Can I sue him for being on the lease illegally? I have his social security # and place of employment.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #15

    Jul 22, 2009, 06:24 AM

    Hello R:

    I don't think so. You don't have a contract with him and he didn't stiff you. His wife did.

    BUT, if you live in a community property state, you can sue HIM for his Wife's debt.

    excon
    kenleyb2's Avatar
    kenleyb2 Posts: 2, Reputation: 1
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    #16

    Oct 11, 2010, 09:01 AM
    I'm on social security disability and I can not pay my credit cards and I have 3 cars in my name,one is my husbands and 1 my daughter drives..
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #17

    Oct 11, 2010, 09:07 AM

    Hello k:

    Well, they'll take the cars. They'll seize any bank account either you or your husband has, assuming you live in a community property state, and they'll sue you for the credit cards.

    It's true, they can't garnish your SSI, but they can get your husbands income, if he has any. Your daughter, is safe, however.

    excon
    LONNIEHARRIS's Avatar
    LONNIEHARRIS Posts: 3, Reputation: 1
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    #18

    Nov 19, 2011, 09:11 AM
    Did i get approved?
    LONNIEHARRIS's Avatar
    LONNIEHARRIS Posts: 3, Reputation: 1
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    #19

    Nov 19, 2011, 09:14 AM
    Did I get approved for disability?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #20

    Nov 19, 2011, 09:39 AM
    Lonnie - please stop posting the same question. I answered on your other thread.

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