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    ekretten's Avatar
    ekretten Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 5, 2007, 11:09 AM
    Credit card debt-social security garnishment
    I have credit card debt in my name only and was making at least the min payment every mo until they doubled the min. which I cannot pay. Now they are threatening to garnish my social security, my husband's wages and his social security. Can they do this?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Dec 6, 2007, 09:05 AM
    Have your husband open a newa bank account with his name only, they cannot garnish his account for you debt.

    Also,

    For your information about Social Security Benefits


    Safe from Garnishment



    Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law".

    This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT

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