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    rorugo's Avatar
    rorugo Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 18, 2008, 11:35 AM
    Making payments on a past due credit card
    I owe a credit card company and the company has turned my account over to a law firm for collection. I have made a $25.00 payment to the law firm in each of the last three months. I sent them postal money orders. The law firm has now filed suit against me even though I made the monthly payments. I am 86 years old and just barely surviving on social security. As far as I know they have not refused these payments. I owe them around 2,500. In responding to the lawsuit is there any merit in explaining that I have been making payments on this account? They have not returned the payments I made and I have had no correspondence from them.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #2

    Jan 18, 2008, 07:14 PM
    If you have no other income other than your social security income, they cannot garnishee your social security check. Have you informed them about you having no other income other than the social security?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
    		  
    #3

    Jan 19, 2008, 04:43 AM
    Send a copy of this to the attorney, will will be more responsive.

    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
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