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ODSP and execution @ goods and chattel
Hi,
I received a letter from a credit card agency regarding an unpaid credit card debt. I am on ODSP. They said that they can garnishee my bank account (the only thing in my bank account is my direct deposit from ODSP) and Execution of goods and chattel! What does this mean? Can anyone take my stuff from my apartment? Or garnishee my bank account? Please help!! Mupine67 |
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Hello m:
I don't know what ODSP is. I assume it's some sort of disability. SS disability CAN'T be garnished but I don't know if your state (if you're receiving state funds) allows it. You need to check. They CAN attach your bank account, and you'll have a very hard time trying to tell them that the money in your account wasn't supposed to be taken... So, if after you find out that your check CAN'T be garnished, let your bank know about it ahead of time. If you find out that your check CAN be garnished, then I'd have them send it to you instead of directly into your bank. No, they can't take your stuff. excon |
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Ontario Disability Support Payments are exempt from garnishment proceedings even after being deposited into your bank account. Unfortuneately, you may need to bring a motion preventing an attempt on your bank account first otherwise you could find yourself having to do so AFTER monies have been taken.
We would also recommend you try the advice given by "excon" although many banks will say they have to follow a court order until and unless they receive another order stating the contrary (thus the need for a motion to get such an order). All of this is academic if a lawsuit hasn't even been issued against you. Before a garnishment can be issued there must first be a judgment and before there can be a judgment there must be a claim (lawsuit). As for your personal property much of it is likely exempt from seizure and sale (see the "Know Your Rights" section of our website for more information. You are likely "judgment proof" and thus the only means the collection agency has to get you to pay is to scare you into doing so. |
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