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    Robertav8's Avatar
    Robertav8 Posts: 2, Reputation: 1
    New Member
     
    #1

    Apr 12, 2009, 05:25 AM
    Garnishing SSD/SSI
    Hello,

    My question is can a collection agency, after winning a judgement
    Against me, garnis my SSD and/or SSI payment that I will be receiving in the very near
    Future?

    Thank You
    Robert:confused:
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
     
    #2

    Apr 12, 2009, 07:49 AM

    If your SSD SSI payments are comingled with other funds in your bank account, then yes, they can garnish, but if you have your cheques sent directly to your home address (cancel direct deposit) they can't access them.

    Tick
    Robertav8's Avatar
    Robertav8 Posts: 2, Reputation: 1
    New Member
     
    #3

    Apr 12, 2009, 09:12 AM

    I think I understand you'r answer TICKLE, from reading some of the other messages on this forum.

    Thanks
    TICKLE
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #4

    Apr 13, 2009, 04:20 PM
    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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