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View Full Version : Can a Collection Agency Take my disability check?


jmagdaleno
Apr 15, 2008, 08:14 AM
I have my disability checks direct deposited into my checking account. I have received a letter from a collection agency stating "For your security, please make all payments". This debit is no longer on my credit report and it was closed in 4/2002, as far as I am aware they only have 7 years to try and collect. Can they take my money from my checking account?

slowandeasy
Apr 15, 2008, 01:01 PM
Hello JM
First of all only a judgement from a court can "freeze" your account,now with that being said social security is exempt from garnshment but once the funds are in the account you would have to prove that the only thing going into that account is your disability check Did you get a judgement? Did you receive any thing that had a court date on it? The sol's might apply in your case.Check the laws in your state.

ScottGem
Apr 15, 2008, 01:32 PM
as far as I am aware they only have 7 years to try and collect.

Your first answer is correct, but the above statement is incorrect. A debt never expires. A creditor can try to collect a debt until its paid off. What expires is the tools a creditor can use to collect on that debt. Most areas have a Statute of Limitations on how long a creditor can use the court system to collect on a debt. That SOL varies from place to place.

jmagdaleno
Apr 16, 2008, 08:31 AM
Hello JM
First of all only a judgement from a court can "freeze" your account,now with that being said social security is exempt from garnshment but once the funds are in the account you would have to prove that the only thing going into that account is your disability check Did you get a judgement? Did you receive any thing that had a court date on it? The sol's might apply in your case.Check the laws in your state.

I have note rec'd anything regarding a judgement or court date. They are sending threating letters. My credit is excellent, this item is no longer on my credit report it dropped off last year.

jmagdaleno
Apr 16, 2008, 08:40 AM
I have not rec'd anything regarding a judgement or court date. They are sending threating letters. My credit is excellent, this item is no longer on my credit report it dropped off last year. I was told to write them a letter advising them that I am on disability but I am afraid to even make contact with these people.

ScottGem
Apr 17, 2008, 07:15 AM
As long as you don't get a summons or notice about being taken to court you should be OK. If you do get a summons then let us know and we can help you deal with it.

jmagdaleno
Apr 17, 2008, 10:47 AM
So far my questions have been answered. Thank you all!