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CODY45 · Aug 4, 2009, 05:58 AM

I have about $24,000 in credit debt just had my hour cut and only get social security

All the credit is in my name only and we live in FL. Can they take my social seurity and also go after my wife's money she still works

N0help4u · Aug 4, 2009, 06:10 AM

Is she on any of your credit as a co-owner or co-signer?
IF so they can go after her.

They can not garnish your social security unless it is money you owe the government or student loans or child support

CODY45 · Aug 4, 2009, 01:50 PM

Originally Posted by N0help4u

Is she on any of your credit as a co-owner or co-signer?
IF so they can go after her.

They can not garnish your social security unless it is money you owe the government or student loans or child support

Its all my money and my wife is not a co-owner or co-signer

DownUnder · Aug 4, 2009, 03:18 PM

Do you have separate accounts? If you don't you might want to consider separate checking accounts because if things get worse and you can't pay and the cc company gets a judgement against you and her name is on the account that money will be frozen and she will have to prove to the court what is her money and that could take a few days. Have you tried working out a payment plan with the cc company?

CODY45 · Aug 4, 2009, 03:47 PM

Originally Posted by DownUnder

do you have seperate accounts? If you don't you might want to consider seperate checking accounts because if things get worse and you can't pay and the cc company gets a judgement against you and her name is on the account that money will be frozen and she will have to prove to the court what is her money and that could take a few days. Have you tried working out a payment plan with the cc company?

We have separate accounts but can have I my social security sent to her account

N0help4u · Aug 4, 2009, 04:22 PM

They would freeze any account with your name attached to it. You have to keep your acct separate. Then inform the credit companies and your bank that this is an account that is social security therefore it can not be frozen.
The bank is not looking at where your money comes from so if they are to freeze it that will unless you have notified them and done any necessary paper work that might be required.

To protect your wife's money you need to keep it separate.

DownUnder · Aug 4, 2009, 06:47 PM

Yes as noted above keep the money separate. Keep your social security in account by itself,in other words have only social security put into that account
Do not have your money put into her account! Have your own account

mr.yet · Aug 5, 2009, 03:21 PM

Send the following to the court , plaintiff and 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

Keep fund separate