View Full Version : Can they take my ssi/ssdi away from me to play small claims debt in Massachusetts
janicegraves
May 11, 2007, 05:57 PM
I have lost a small claims case in mass court system. Does anyone know the exact law that says I don't have to pay it back because I am to poor. I heard that there is a law for this but I can't find it in the statues. Please help me.
quaint11
May 11, 2007, 06:03 PM
Hi! You should find the information you need below. Best Wishes!
Garnishment and your Rights-
http://www.midmnlegal.org/documents/4481C-4%20Garnishments%20and%20Your%20Rights.htm
mr.yet
May 12, 2007, 03:52 AM
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
Copy and paste this to a word program and take it to you bank, put them on notice the funds are from SSI
creid59
Oct 6, 2010, 06:52 AM
If I win my judgement, can I have that portion of the person's bank account that is not attributable to his ssi benefits garnished?