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New Member
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Aug 5, 2013, 12:48 PM
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Calling creditors
I am on social security disability and have lots of debt. I have quit paying the creditors. Should I call all of them and let them know that even if I get a judgement against me I only have social security as my only income. I do not own a home
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Uber Member
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Aug 5, 2013, 12:52 PM
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You are better off informing them and banks that your money being SSD they probably can't garnish it out of your account. They can not or at least Should not be doing that until they take you to court or get your permission.
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New Member
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Aug 5, 2013, 12:54 PM
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Originally Posted by N0help4u
You are better off informing them and banks that your money being SSD they probably can't garnish it out of your account. They can not or at least Should not be doing that until they take you to court or get your permission.
they cannot take social security period
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Uber Member
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Aug 5, 2013, 01:05 PM
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They can and will try.
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Uber Member
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Aug 5, 2013, 01:06 PM
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Oh Yeah you're the one that decided to Cash the check no matter what.
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Computer Expert and Renaissance Man
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Aug 5, 2013, 01:06 PM
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First, we've told you this before, while they can't garnish your SS payments, they can attach your bank accounts and it will be on you to prove the source of the accounts. Once money is deposited, it doesn't matter to the creditor where its from.
Secondly, you never ignore a creditor. You can tell them that you have no assets or income other than SS and you can't afford to pay.
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Ultra Member
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Aug 13, 2013, 04:45 PM
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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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New Member
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Aug 15, 2013, 07:23 PM
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Yes, I agree. I would call them and let them know your situation. They will still keep calling unless you send them all cease and desist letters. Sometimes you just can't pay. It is what it is. Try not to stress about it.
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Pets Expert
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Aug 15, 2013, 07:53 PM
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Uber Member
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Aug 15, 2013, 08:06 PM
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Yes he is the one that wants to run up credit and expects not to pay back ''due to bad credit anyway''
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Expert
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Aug 15, 2013, 09:16 PM
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And that is and can be an exemption to the garnishment of the social security, if there is criminal charges, and his posts on this site is enough evidence to prove intent.
Then if it is considered criminal gain, that court can get your social security money.
And to be honest, hope they do, anyone that wishes to commint fraud needs to be caught
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