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View Full Version : Vacat a judgment


redsox33
Nov 29, 2007, 09:44 AM
If I'm on social security disablity can I have a judgment vacated?

mr.yet
Nov 29, 2007, 10:13 AM
YES GIVE THIS TO YOUR BANK AND THE COURT.

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
__________________

JudyKayTee
Nov 29, 2007, 12:36 PM
YES GIVE THIS TO YOUR BANK AND THE COURT.

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
__________________


I thought you could exempt your SS payments and/or bank accounts (for the portion of SS paid) but that SS disability is not a defense to a Judgment nor can you use SS disability to vacate a Judgment - am I wrong?

ScottGem
Nov 29, 2007, 01:20 PM
I think Mr Yet jumped the gun here.

No you cannot get a judgement vacated because your only income is SS. But you can exempt your bank account from attachment as Mr Yet advised.

Fr_Chuck
Nov 29, 2007, 02:41 PM
Yes, scott has it, they can always get a judgement, they merely can not get the SS money