Ask Experts Questions for FREE Help !
Ask
    jmagdaleno's Avatar
    jmagdaleno Posts: 7, Reputation: 1
    New Member
    		  
    #1

    Apr 15, 2008, 08:14 AM
    Can a Collection Agency Take my disability check?
    I have my disability checks direct deposited into my checking account. I have received a letter from a collection agency stating "For your security, please make all payments". This debit is no longer on my credit report and it was closed in 4/2002, as far as I am aware they only have 7 years to try and collect. Can they take my money from my checking account?
    slowandeasy's Avatar
    slowandeasy Posts: 353, Reputation: 14
    Full Member
    		  
    #2

    Apr 15, 2008, 01:01 PM
    Hello JM
    First of all only a judgement from a court can "freeze" your account,now with that being said social security is exempt from garnshment but once the funds are in the account you would have to prove that the only thing going into that account is your disability check Did you get a judgement? Did you receive any thing that had a court date on it? The sol's might apply in your case.Check the laws in your state.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Apr 15, 2008, 01:32 PM
    Quote Originally Posted by jmagdaleno
    as far as I am aware they only have 7 years to try and collect.
    Your first answer is correct, but the above statement is incorrect. A debt never expires. A creditor can try to collect a debt until its paid off. What expires is the tools a creditor can use to collect on that debt. Most areas have a Statute of Limitations on how long a creditor can use the court system to collect on a debt. That SOL varies from place to place.
    jmagdaleno's Avatar
    jmagdaleno Posts: 7, Reputation: 1
    New Member
    		  
    #4

    Apr 16, 2008, 08:31 AM
    Quote Originally Posted by slowandeasy
    Hello JM
    First of all only a judgement from a court can "freeze" your account,now with that being said social security is exempt from garnshment but once the funds are in the account you would have to prove that the only thing going into that account is your disability check Did you get a judgement? Did you receive any thing that had a court date on it? The sol's might apply in your case.Check the laws in your state.
    I have note rec'd anything regarding a judgement or court date. They are sending threating letters. My credit is excellent, this item is no longer on my credit report it dropped off last year.
    jmagdaleno's Avatar
    jmagdaleno Posts: 7, Reputation: 1
    New Member
    		  
    #5

    Apr 16, 2008, 08:40 AM
    I have not rec'd anything regarding a judgement or court date. They are sending threating letters. My credit is excellent, this item is no longer on my credit report it dropped off last year. I was told to write them a letter advising them that I am on disability but I am afraid to even make contact with these people.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Apr 17, 2008, 07:15 AM
    As long as you don't get a summons or notice about being taken to court you should be OK. If you do get a summons then let us know and we can help you deal with it.
    jmagdaleno's Avatar
    jmagdaleno Posts: 7, Reputation: 1
    New Member
    		  
    #7

    Apr 17, 2008, 10:47 AM
    So far my questions have been answered. Thank you all!
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Collection Agency [ 7 Answers ]

I was contacted by a collection agency a few months ago about a debt for an emergency room visit. I told them I had not received any bills, and that I would try to apply for charity care. Two months later they called back. I told the woman I was speaking to that I would like a copy of the bill...

Disability check VS. Child support check [ 2 Answers ]

My sister lives w/ my step father. My mom HAD to leave the home. My sister is 13 and decided to stay w/ father. I don't think he can take care of my sister.. he can't hardly take care of his self. He receives a disability check for his self and my sister gets one also until she is 18. He BLOWS...

Collection agency [ 1 Answers ]

I have a bill collection agency that keeps calling me. Its been more then 4 year since this happen. Now there calling my family member and telling them and sending them letters can they do this tell every one all or business.:

Collection agency sent check back with letter [ 5 Answers ]

I received a notice from a collection agency around the 3rd week of Feb. 2007. It stated that they are attempting to collect a debt. They stated who it was for and the amount it was for. I did realize that I owed this. On March 2nd I sent them a check for $100 along with a letter saying that I...

View more questions Search