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    fayeth1's Avatar
    fayeth1 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 15, 2009, 08:10 AM
    Credit card debt.
    I am a widow now since 2005.I have credit card debt & since my husband passed away have not been unable to pay them.
    One of the credit card companies has now gotten or sold that credit card collection to lawers to collect.
    I just got papers on Monday,01/12/09 done through court in the town where I live that states I need to give those lawyers a response in 30 days.I can't afford lawyers help.
    My problem is a similar one I've seen on her.I have a direct deposit bank account for my ss.disability check. It is my only income.There is no other money deposited there but that direct deposit from ss.From what I've read the check is not suppose to be touched by them.Am I right? How do I go about making sure that this doesn't happen without my knowledge & what do I need to do to assure that it doesn't. If they do I can't pay my rent & necessities in life.I receive way less than a thousand a month.I barely get by on what I receive.I'm desperate for help here.
    Hope you can advice me somehow.
    Thanks
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
     
    #2

    Jan 15, 2009, 09:19 AM

    Hi fayeth, immediately inform the government body who issue the cheque to send it to your home address and discontinue the direct deposit. That is one way of keeping your money safe so you can pay your bills. If you still continue to have it direct deposited, of course they can access it, any money in you account they can access.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Jan 15, 2009, 10:52 AM
    Quote Originally Posted by fayeth1 View Post
    I am a widow now since 2005.I have credit card debt & since my husband passed away have not been unable to pay them.
    One of the credit card companies has now gotten or sold that credit card collection to lawers to collect.
    I just got papers on Monday,01/12/09 done through court in the town where I live that states I need to give those lawyers a response in 30 days.I can't afford lawyers help.
    My problem is a similar one I've seen on her.I have a direct deposit bank account for my ss.disability check. It is my only income.There is no other money deposited there but that direct deposit from ss.From what I've read the check is not suppose to be touched by them.Am i right? How do I go about making sure that this does'nt happen without my knowledge & what do I need to do to assure that it does'nt. If they do I can't pay my rent & neccessities in life.I recieve way less than a thousand a month.I barely get by on what I recieve.I'm desperate for help here.
    Hope you can advice me somehow.
    Thanks

    No, your SS check cannot be attached, including if it's in the bank and NOT co-mingled with ANY other funds. Unfortunately if a Judgment is obtained there is a good possibility that the creditor will file a lien against the account, freezing it, until you can prove otherwise. In NY the bank will not take any documentation from you in advance of the lien or in anticipation of the lien concerning the SS exempt funds. I don't know where you are.

    I would change from direct deposit and, if there is a Judgment, then discuss this directly with your bank and see what their policy is concerning some sort of advance flag on your account should an attempt be made to seize it. As far as I know the bank must comply with the lien but might have advice for you.

    It takes a very long time to release the funds if they are frozen in error.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Jan 17, 2009, 08:44 AM
    Please come back and let us know how it works out for you.

    Sorry you're in this situation - unfortunately, so are a lot of people!

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