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katielady · Feb 1, 2009, 05:38 PM

Can debt collector put a levy on someone's checking account if they are on social security? I am 70 years old and receive social security and I work some too. Can they take your extra income that you earn or is there a limit on what you can earn and they can take the rest, I put my extra income in the bank and they took it not knowing if it was my social security check or not.

Thank You

JudyKayTee · Feb 1, 2009, 05:45 PM

Originally Posted by katielady

Can debt collector put a levy on someones checking account if they are on social security? I am 70 years old and receive social security and I work some too. Can they take your extra income that you earn or is there a limit on what you can earn and they can take the rest, I put my extra income in the bank and they took it not knowing if it was my social security check or not.

Thank You

They cannot take SS. They CAN take co-mingled funds. Keep your monies separate.

montehi · Feb 23, 2009, 12:44 AM

Katielady, please seek legal aid. Money paid by SSA can NOT be attached, according to a supreme court ruling, even if it is co-mingled with other funds. Search Google for law 42 USC Subsection 407.

JudyKayTee · Feb 23, 2009, 07:30 AM

Originally Posted by montehi

Katielady, please seek legal aid. Money paid by SSA can NOT be attached, according to a supreme court ruling, even if it is co-mingled with other funds. Search Google for law 42 USC Subsection 407.

Here is the legal problem - I have no problem with your suggestion that OP "search/google" the Law BUT "most" people who post don't understand what they are reading. Please post the site and the law and explain same.

From a legal standpoint - once that account is liened/frozen it is up to the account holder to PROVE what monies in the account are from SS and what monies are from other sources. The OP doesn't simply state that the money is all from SS and untouchable. I've seen accounts frozen for months while the creditor and the debtor argue whether the funds are exempt. This is posted on the legal board all the time - with the same answer. The account is frozen and then the argument begins.

For example, if you get $100 from SS and $100 from a pension and spend $50, which of those did that $50 come from? Impossible to prove.

While you have quoted the Law you have omitted how this works in actual practice.

There is also absolutely no indication that the OP qualifies for legal aide - OP can simply protect himself/herself and avoid the whole problem.

bashful53 · Mar 28, 2009, 07:40 PM

Originally Posted by JudyKayTee

They cannot take SS. They CAN take co-mingled funds. Keep your monies separate.

I also am a victim of my bank mony being taken, I just read a space about garnishments and found out that they cannot take SSD money if it is under 750.00 also if you put another person on your bank account that isn't being garnished and not your husband but say a child of yours they have no legal right to touch it because they are unable to deceiver what is yours or you other party.

JudyKayTee · Mar 29, 2009, 07:36 AM

Originally Posted by bashful53

I also am a victim of my bank mony being taken, i just read a space about garnishments and found out that they cannot take SSD money if it is under 750.00 also if you put another person on your bank account that isnt being garnished and not your husband but say a child of yours they have no legal right to touch it because they are unable to deceiver what is yours or you other party.

Please post your source for this information - anything held in your individual name OR jointly can be seized to pay a debt. If I am wrong (and I've been posting this info for some time) please let me know by posting the source you used.