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    scatcynthia's Avatar
    scatcynthia Posts: 13, Reputation: 1
    New Member
     
    #1

    May 4, 2007, 04:46 AM
    Bankruptcy/social security
    To go along with my previous question... my disability is my only way to pay for rent and meds , etc... also don't you have to be served and have a chance to rebut against this... it shouldn't belegal to take my disability... it is not a paycheck...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    May 11, 2007, 12:54 PM
    As a matter of law, neither Social Security nor disability payments can be attached or garnished if they are your only source of income.
    slowandeasy's Avatar
    slowandeasy Posts: 353, Reputation: 14
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    #3

    May 11, 2007, 06:32 PM
    Go to the bank and ask for a copy of the attachment that was put on your account and find out who has a judgement against you and call them Please see a lawyer asap

    They can not attach your ssd A lawyer can advise you Some in my area will talk to you free on the first visit
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #4

    May 12, 2007, 04:15 AM
    Hi, I assume they are still telling you no, they will not help you, well Is there a SSI Office near you? If so go there and have them call the bank.


    SSI is a Trust that is why the USC Code is in place to exempt it from levy, garnishment or attachment. IF you bank does not understand that or refused to honor it they can be sued for removing those funds.
    scatcynthia's Avatar
    scatcynthia Posts: 13, Reputation: 1
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    #5

    May 14, 2007, 04:08 AM
    Well here is the latest update... I am getting the run around from the attorney's office who filed the garnishment and they are telling me that they were unable to serve me the papers because someone told them that I didn't live at my address and I asked him that I have been home all the time and nobody showed up and now there is some sort of paper I need to to sign and the bank is still refusing to put the funds back into my acct because the release has to come from the sherriffs office and on and on and on... this is such bull... CAN I SUE THEM FOR PUTTING ME THROUGH THIS UN-NECCESSARY CRAP... STILL MY BILLS AREW NOT PAID AND I CAN NOT GET MEDICINE... THEY ARE ALL ACTING SO PREM AND PROPER... THEY DON'T CARE.

    I Had The Thought Of That There Has To Be An Attorney That Would Take This Case And Run With It... just To Make A Landmark Case For All Of Us Disabled People And To Show That We Have Rights Andso On... all The Attorneys Around Me... just Want To Do The Proper Paper Work And That's It... well What About What I Have Been Going Through Just To Get My Money Back!!
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #6

    May 14, 2007, 04:16 AM
    Did you file the Papers I suggested? If not do so NOW!
    scatcynthia's Avatar
    scatcynthia Posts: 13, Reputation: 1
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    #7

    May 14, 2007, 04:26 AM
    It Is A Little Hard To File Anything Without Any Money... I did send A Message To The FDIC... haven't Heard Anything Back(didn't Figure I Would)... the Attorneys Office That Filed The Is Sending The Papers For Me To Sign And Then I Send Them Back And Then They Will Let The Sheriffs Department Know To Release My Money... should I Still File All Of These Papers Anyway?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #8

    May 14, 2007, 04:30 AM
    YEs, never trust an attorney to do what they say they will, use the Haines v Kerner quote on all the papers you file.

    GEt the Form for the FDIC from the bank, Don't that NO for an answer, the bank will know you intend to push the matter .
    scatcynthia's Avatar
    scatcynthia Posts: 13, Reputation: 1
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    #9

    May 14, 2007, 04:34 AM
    What is this case that you mention about?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #10

    May 14, 2007, 04:39 AM
    THat case is about, the perosn who uses it , is unschooled in law, and that the court should take judicial notice of that fact, and to look at the subsantive rather than it form. ( How it is written), ( to look at what is said and not the proper form attorney uses)
    slowandeasy's Avatar
    slowandeasy Posts: 353, Reputation: 14
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    #11

    May 14, 2007, 08:08 AM
    If you need help getting your social security disability money released back to you from the bank CALL YOUR LOCAL LEGAL AID SOCIETY I know for a fact they will help you free of charge

    Slowand easy

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