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-   -   Vacat a judgment (https://www.askmehelpdesk.com/showthread.php?t=157292)

  • Nov 29, 2007, 09:44 AM
    redsox33
    Vacat a judgment
    If I'm on social security disablity can I have a judgment vacated?
  • Nov 29, 2007, 10:13 AM
    mr.yet
    YES GIVE THIS TO YOUR BANK AND THE COURT.

    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
    __________________
  • Nov 29, 2007, 12:36 PM
    JudyKayTee
    Quote:

    Originally Posted by mr.yet
    YES GIVE THIS TO YOUR BANK AND THE COURT.

    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
    __________________


    I thought you could exempt your SS payments and/or bank accounts (for the portion of SS paid) but that SS disability is not a defense to a Judgment nor can you use SS disability to vacate a Judgment - am I wrong?
  • Nov 29, 2007, 01:20 PM
    ScottGem
    I think Mr Yet jumped the gun here.

    No you cannot get a judgement vacated because your only income is SS. But you can exempt your bank account from attachment as Mr Yet advised.
  • Nov 29, 2007, 02:41 PM
    Fr_Chuck
    Yes, scott has it, they can always get a judgement, they merely can not get the SS money

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