PDA

View Full Version : Account freezing


fortymile
Jan 26, 2009, 08:56 PM
My income is from social security,and social security only.

I have notified cc accounts that I can no longer meet payment obligations. I sent them
A letter stating that I am judgement proof.
Even though I can provide bank account statements indicating a monthly SS deposit
And moneys that are not comingled. Should I give the CC company proof of the same?
It is my understanding that even with letters etc the CC company will turn the said
Account over to a collection agency. Even if the collection agency knows my situation
And I've sent letters to cease and desist can they still get a court order to freeze my account?
I'm planning on going out of state for the summer to visit family & friends. If
During my absence the court issues a lien against my account and I am monetarily
And physically unable to be there to have the lien or freeze vacated what happens in these situations? What are my rights? How can I prevent a collection agency from
Filing even though they know there is zero chance of collections, Do I have legal recourse?
Will the courts accept required proofs by mail? Or do I have to be there in person?
Is there anyway to pre empt this situation before it comes to a court order.
My bank says they can do nothing in my behalf, they have to follow court orders.
I have no secured debts. I can't afford bankruptcy. Thank you

sandkicker
Jan 27, 2009, 12:36 PM
There is no such thing as "judgement proof".

Contact an attorney... find out if there are any attorneys or agencies that will process a BK for you free or at least at a price you can afford.

I am not an attorney... my answer to all things ends with... "Contact an Attorney"

mr.yet
Jan 27, 2009, 02:46 PM
Send them a copy of this and your banks too

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