GGentry
Nov 13, 2007, 09:28 PM
I live in NC and a lawyers office representing a credit card company rec'd a judgment against me a couple of weeks ago for $5000.00 and now they are threatening to get an execution of judgment against me and have the sheriff's office get involved! I'm currently separated (though no legal paperwork has been filed) and out of work disabled (I'm going through the appeal process with the social security admin for benefits), I tried to make pymt arrangements but they want 4 times what I can pay a month! I'm scared and don't know what to do! Can the sheriff's office come into my home and just take stuff like vehicles etc like they said?? They also said that they can take anything that belongs to my husband too even though his name wasn't on the account, is this true as well?? I've tried consumer credit counseling and they can do nothing about this and they want more $ for monthly payments for my other creditors that I even get in support! Can filing chapter 13 prevent them from doing this?? Somebody help me please!!
nikkitoney61
Nov 15, 2007, 05:42 PM
Your story sound a lot like mine. I have been told several things but do not understand any of it. I will look forward to the advice that you are given.
mr.yet
Nov 20, 2007, 07:47 AM
Once you start receiving SSI mail this to the attorney and give a copy to your bank.
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