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    ynnad42's Avatar
    ynnad42 Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 15, 2007, 05:31 PM
    Bankrupsy and senior citizens
    My question to you is I have a personal friend ,who is a senior citizen and co signed on a car note. The car was repossessed after a short time,now the are taking her to court to pay 14,000 her only source of income is social security,she has no car no home,no assets
    She wants to file bankrupsy,can they take social security income?SHE LIVES IN CALIFORNIA.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 16, 2007, 02:47 PM
    I believe it is Federal law that Social Security benefits are exempt from being seized to pay debts. This only protects that money that your friend receives from SS, not a pension, nothing else.

    Is she considering bankruptcy to avoid this debt or are there other problems?
    orb4me's Avatar
    orb4me Posts: 2, Reputation: 1
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    #3

    Apr 22, 2010, 03:40 PM

    I cosigned for my grandson. Same thing!!
    They can not take her SS, but once there is a judgement, they can take the money from her checking account and/or freeze it. She needs an attorney stat!! Free legal aid maybe?? Check with everyone including the Gov and st attorney. Call or send email to sen/congress. Get started with something. There is help, but you have to go get it. Senior citizen org.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 22, 2010, 03:48 PM

    Please keep on eye on the dates - this was posted in 2007 and the person who asked the question has not been back.

    They CANNOT take the money from her checking account IF the money in the checking account is SS payments. What help do you think she needs from Congress? The money cannot be seized now - ?

    You are incorrect. We take pride in our answers on the legal board. We have education, experience, knowledge of the Law and are very "picky" about the accuracy of the answers.
    astrofield's Avatar
    astrofield Posts: 1, Reputation: 1
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    #5

    Mar 6, 2013, 05:37 PM
    I cosigned my grands son for a new car. He can't effort to pay because he lost his first job. He only get tips delivering pizza. I am worry about because only I get social security, I am not working, I gave my 401 and some finds that I can't cash out until I am 72. Now I an 67. If he do voluntary return steel I am obligated to take over the debt or get a judgment, without touch my social security or my 401K?
    Thanks

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