[mr.yet]

For your information about Social Security Benfits


Safe from Garnishment



Federal law makes Social Security benifits 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 benifits is EXEMPT from LEVY OR ATTACHMENT.

[willieg]

I owe back child support because I have not worked in 2 1/2 years ,I just won my disability case expecting a lump sum in back pay, Can child support take back pay lump sum and if so what percent i.e. 1-100 % please answer

[go-ask-mom]

The IRS CAN and DOES garnish SS/Disability checks. I know this for a fact as they withheld from my mom for back taxes owed... almost 20% of her check each month until it was paid in full.

So much for written rules and laws! :)

[mr.yet]

Has she file a Motion to Quash the garnishment in court, it would happen on it's own you must file motion with the court.

[justjackinknox]

For your information about Social Security Benfits


Safe from Garnishment



Federal law makes Social Security benifits 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 benifits is EXEMPT from LEVY OR ATTACHMENT.

Is there a specifc form I should use? I spoke with the court today and she said the law firm would attempt to serve me two more times and then it would automatically go to plaintiff. What should I do next? Thanks Mr. Yet... I am going to send you a Paypal $$ if this works.. I am grateful!!

[mr.yet]

Your Name
Address

Date

Court
Court Address


Notice Of Exempt 42 USC 407

Whereby, note the Defendent's Income Is Social Security Benefits The Defendant Hereby Invokes The Exempt Granted Under 42 Usc 407.

Defendant Also Move To Dismiss The Plaintiffs Action, And To Vacate Any And All Levy, Garnishment Against The Defendant.

[JudyKayTee]

Where can I get that Notice of Exempt 42 USC 407?

Read up above - it was already posted. It's not a notice, it's a letter and it reads like this:

Your Name
Your Address

Date

Name of Court where Judgment was filed
Court Address


Notice Of Exempt 42 USC 407

Whereby, note the Defendants' Income is Social Security benefits. The Defendant hereby invokes the exemption granted Under 42 USC 407.

Defendant also moves to dismiss the Plaintiffs action and to vacate any and all Levies and/or Garnishments against the Defendant.
__________________


Your signature

Notary


Send it certified mail to the Court and certified mail to the party that obtained the Judgment.

You have posted the question under a child support question - child support CAN be taken from your SS check so this exemption will not apply in that case.

[go-ask-mom]

I know for a fact that they CAN be garnished according to the following law.

The Act protects the beneficiary's right to receive Social Security benefits (OASDI and SSI) directly and to use them as he/she sees fit. Specifically, Section 207(a) of the Act (42 U.S.C. §407(a)) states:

The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the monies paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

However, there are five exceptions related to Social Security benefits.

1. Section 459 of the Act (42 U.S.C. §659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations.

2. Section 6334 (c) of the Internal Revenue Code (26 U.S.C. §6334 (c)) allows benefits to be levied to collect unpaid Federal taxes.

3. Section 3402 (p) of the Internal Revenue Code (26 U.S.C. §3402(p)) allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year.

4. The DCIA allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency.

5. The Tax Payer Relief Act of 1997 (Public Law 105-34; Title X, Subtitle C, Section 1024), (26 U.S.C. § 6331(h)) authorizes the Internal Revenue Service to collect beneficiaries' overdue Federal tax debts by levying up to 15 percent of each monthly payment until the debt is paid.

Generally, SSA's interpretation of its responsibility for protecting benefits against legal process and assignment ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act as long as they are identifiable. For example, only Social Security benefits are deposited into a particular bank account.

[JudyKayTee]

I know for a fact that they CAN be garnished according to the following law.

That's what I said - read it again. "You have posted the question under a child support question - child support CAN be taken from your SS check so this exemption will not not apply in that case."

[justjackinknox]

The IRS CAN and DOES garnish SS/Disability checks. I know this for a fact as they witheld from my mom for back taxes owed.....almost 20% of her check each month until it was paid in full.

So much for written rules and laws! :)

Social Security CAN BE ATTACHED GARNISHED by any Federal Agency to which you owe money. i.e. If you have student loans or taxes to the government they can and will take it back one way or another. It is a law passed by Congress called the DCIA of 1996. Or the Debt Colllection Improvement Act of 1996. The catch is for back taxes they only take anything over $750.00.Anyone doubting this info can go to Google and type in The Debt Collection Improvement Act of 1996.

[TDCRRA]

Social Security Debt of $26,000.00 on mom 84 Years Old. Here's how it happened: Mom was married twice. 1st time for 40 years and 2nd time for 4 years. Mom got on social security when 62 and still married to 1st so drew soc. sec. off first husband. Then got divorced 1990 and married 2nd in 1994 and then drew soc. sec. off 2nd husand.

Then divorced 2nd husband in 1998 but did not stop drawing his soc. sec. then 11 years later 1st husband dies and mom claims widows benefits at Soc. Sec. office. Soc. Sec. tells her that she does qualify for Widows Benefits and will get twice of what she was getting, which wasn't very much anyway. But now the Soc. Sec. tells her she owes them back $26,000.00 because she didn't tell them that she was divorced from the 2nd husband!

When she asked soc. sec. how much would she have been getting if she had been drawing off the 1st husband since 1998 they said it would have been $40.00 more a month! It sounds like they owe her not she owes them! They say she has to pay it back to them!

How can they do this when she would have drawn soc. sec. benefits anyway whether it was on her 1st husband or on her own? Can soc. sec. withhold funds out of her monthly payments?

She has already received her first widows benefit check but is very worried about her future checks and what they will do. Do you know if they can withhold funds out of her widows benefits before she gets the money? I wonder how many other widows they have told this too and made them pay soc. sec. back? Any help would be greatly appreciated. Thanks!

[RPFoster]

Hi,
I have a company that even with proof that I am on social security and sent the check copies faxed to their office number,
By the bank clerk which did the faxing for me. And the clerk even went a bit further by even sending copies of deposit slips via fax as well,
With the bank info stated.
The collection company said they will not release account.
I called them and complained that I am on SSI and they have frozen my account and I have sent them proof.
They in turn have told me, "tuff luck" they are not releasing the account.

I then informed them they are violating my rights and also breaking the law.
They then said if I want to the money, to come and get it.
That I will not see the day of having my money.
And that they can do what ever they want, and the court will side with them.

My account is completely frozen and I now can not pay my rent or bills this month and coming months due to this.

I want to file a lawsuit against this company for a LARGE amount, for violating my rights.

The bank has sent all proofs that I am on SSI and SSI checks are being deposited into my account.

They did this twice for the same company for the same amount.
Once in 2006 and now.
I was informed by SSI that the collector (agency) is double dipping and not following the laws in the state of NY.
The bank has informed SSI of the actions the clerk has taken to prove that they sent to copies of checks to the collector.
But still the collector will not release my account.

I am in need of a attorney, because I now want to file a criminal and civil lawsuit, and if possible a federal lawsuit against this company.
For violating my rights under ( 42 USC 407 a ).

If anyone knows of a attorney that can help,

Please let me know, as I am in need really bad.
They have no right to do this to me, after I sent proof.

I even sent the reward letter when I first went on SSI.
And still they said they are keeping the money and will not release the account.

The bank has informed me, they can no longer take any further steps,
And I will have to take them to court and file for a lawsuit against them.


I need help please.
I am based in Brooklyn.

I now do not want to talk with the collectors any longer,
I WANT TO GO TO COURT in front of a judge and suit the collection agency for violating my rights.



Thank you.

[mr.yet]

Take a copy of the law to your bank, tell them if they don't release it within the next 24 hours, you will file suit against them. Also mail a copy to the court of the law and copy of the check request a order from the court to quash, the freeze.

They are not abouve the law, no one is! Be forceful

[RPFoster]

Can you post where I can find this law (in full) please.
Doc, WordDoc, PDF, HTML... etc etc... thank you.

I already talked to the bank in the LEVY Department,
The bank told me they can not release my account, because the levy was enforced by a court order.
And that I would have to go to the collector as they are the only one that can lift the freeze.

They told me (they) the bank, have to follow the court order and can't do anything else for me.


So please guide me on how to file a Lawsuit against the BANK and the Collection company.
As I will file a Lawsuit for both companies.



Ive had enough running around, and all I want is to go to court,
And file for lawsuit.
Im tired of being nice anymore.



Thank you so much.

[RPFoster]

I Also, forgot to add,
I have never received any paper or certified mail of judgment file copies or
Never appeared in front of any court judge about this case, or any information thereof
When it was claimed by the collection agency.

One day I had money in the bank, the next it was frozen.
Also, several companies that I had direct payments of house hold bills
Have been denied of any payment due to this freeze.

And now I owe finance charges and late payment fee's because Verizon
And ATT could not receive their payment for this month due bill.

I was informed that I can sue for punitive damages because of this.


Also, I was informed by the collection agency, when I first contacted them,
That this bill they are collecting
Is for a bill that was due in 1999.



So I think there is some sort of law for statue of limitation on this.
Is there?

I am in NYC.



Thank you.

[NinaFortner]

The IRS CAN and DOES garnish SS/Disability checks. I know this for a fact as they witheld from my mom for back taxes owed.....almost 20% of her check each month until it was paid in full.

So much for written rules and laws! :)

... Yes. The IRS is federal which is an exception under that law. The IRS and all federal agencies can garnish. However State and other bill collectors cannot.

[JudyKayTee]

...Yes. The IRS is federal which is an exception under that law. The IRS and all federal agencies can garnish. However State and other bill collectors cannot.

Incorrect - if child support has been turned over to a State agency the State CAN garnish.

[NinaFortner]

Incorrect - if child support has been turned over to a State agency the State CAN garnish.

Yes. I was answering someone that didn't question child support, merely taxes. I should've been more clear for other readers, my mistake.

[coverunner]

Debt collectors can collecting a court judgment when if you have Social Security or SS Disability. They can't touch your SS income, but they can attached to your property, other private pensions or private income. For SS Benefactors for Section 207 in 1954 allows for the Treasury for IRS taxes or Child Support to raid that income.

SSR 79-4: SECTIONS 207, 452(b), 459 and 462(f) (42 U.S.C. 407, 652(b), 659 and 662(f)) LEVY AND GARNISHMENT OF BENEFITS

20 CFR 404.970

SSR 79-4

Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation.
Section 207 of the Social Security Act provides:
"The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."
However, section 6331 of the Internal Revenue Code of 1954 (26 U.S.C. 6331) which was enacted into law on August 16, 1954, after the enactment of section 207, gives the Secretary of the Treasury the right to levy or seize for collection of delinquent Federal taxes, property, rights to property, whether real or personal, tangible, or intangible and the right to make successive levies and seizures until the amount due, together with all expenses, is fully paid.

Section 6334 of the Internal Revenue Code of 1954 (26 U.S.C. 6334) provides in subsection (c):

"Notwithstanding any other law of the United States, no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a)."
The property exempt from levy in subsection (a) includes wearing apparel and school books; fuel, provisions, furniture, and personal effects, not to exceed $500 in value; books and tools of a trade, business, or profession, not to exceed $250 in value. Social Security benefits are not specifically exempted from levy by this subsection. Furthermore, as between conflicting treatment of the same matter by two statutes (section 207 of the Social Security Act and section 6334 of the Internal Revenue Code of 1954), the one enacted later (section 6334 of the Internal Revenue Code of 1954) would control with respect to that matter.

Therefore, since section 6334 of the Internal Revenue Code of 1954 does not specifically exempt Social Security benefits from levy, such benefit checks may be levied upon by the Secretary of the Treasury under section 6331 of the Internal Revenue Code of 1954.

In addition, section 6305 of the Internal Revenue Code of 1954 (26 U.S.C. 6305) authorizes the Secretary of the Treasury, upon receiving a certification from the Secretary of Health, Education, and Welfare under section 452(b) of the Social Security Act as to the amount of an individual's delinquent child support obligation, to assess and collect that amount in the same manner, with the same powers, and (except as provided in section 6305) subject to the same limitations as if such amount were a Federal income tax the collection of which would be jeopardized by delay. One effect of this provision is to render the Social Security benefits subject to levy by the Secretary of the Treasury for the collection of delinquent child support payments in the same manner as they would be subject to levy for collection of delinquent Federal taxes except that:

(1) no interest or penalties shall be assessed or collected,
(2) certain of the statutory provisions relating to property exempt from levy shall not apply,
(3) so much of the salary, wages, or other income of an individual as is being withheld in garnishment under a judgment entered by a court of competent jurisdiction for the support of minor children shall be exempt from the levy, and
(4) in the case of the first assessment against an individual for delinquency under a court order, collection shall be delayed for a period of 60 days immediately following notice and demand for the payment.
Further, section 459 of the Social Security Act, as enacted by P.L. 93-647, provides that a government entity which holds certain moneys payable to an individual may be compelled by legal process to make payment to another person in order to satisfy the individual's legal obligation to pay child support or alimony. This section, as amended by P.L. 95-30 states:
"Notwithstanding any other provision of law, effective January 1, 1975, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States or the District of Columbia (including any agency, subdivision, or instrumentality thereof) to any individual, including members of the armed services, shall be subject, in like manner and to the same extent as if the United States or the District of Columbia were a private person, to legal process brought for the enforcement, against such individual of his legal obligations to provide child support or make alimony payments."
P.L. 95-30 also added section 462 to the Social Security Act. This section defines the terms used in section 459 and specifically provides that monthly Social Security benefits are considered moneys subject to legal process brought by an individual to enforce a legal obligation to provide child support or to make alimony payments.

[DonoE]

Can you SSI check be garnished for student loans?