[Rafasgirl]

Hello!

I live in the state of Ohio. My tenant has severe rheumatoid arthritis. She didn't have it when she moved in, that I was aware of. Several years down the road her condition worsened. She applied for disability and got it.

It took six months for her to receive her payoff. From September, 2008 to February, 2009. During this time she didn't pay me one red cent. She kept lying and pretending she was still waiting to hear from them, but they contacted me to verify her rent. When nothing happened as far as payment to me, I called them back and they verified they had paid her.

She owed me six months rent at the time. She paid me 3,000 of the 3,900 that she owed me and told me she was looking for a new place. She didn't move out until April, 2009, trashed my place and refused to come back and pick up furniture and miscellaneous items. She also moved out without informing me and left no forwarding address.

I tracked her down, got her SSN#, new address, etc. but the problem is if I serve her and pay the money I'm sure she's going to refuse the delivery.

Doing my own research I got confused, one part of small claims says that I can't garnish her SSI and the other part says I can only get 25% per pay period.

If she doesn't accept the certified letter, what other recourse do I have? Can I get a hearing with SSI? I've heard that I could.

[N0help4u]

It is worth getting a hearing with ssi to see what they say your options are if you have any.
But ssi is not garnishable unless it is government, student loans, child support or alimony.
If you can post the part where you read about 25%.

Sounds like she had no intention of paying you and hoped you would not evict her before she got her lump sum from disability.

[Rafasgirl]

It is worth getting a hearing with ssi to see what they say your options are if you have any.
But ssi is not garnishable unless it is government, student loans, child support or alimony.
If you can post the part where you read about 25%.

Sounds like she had no intention of paying you and hoped you would not evict her before she got her lump sum from disability.

Here it goes, and I'm sure she was trying not to pay me. Really sad.

Ah, I might see it. They are talking about wages!

Can I get a hearing with SSI? This is so unfair.


Limits & exceptions. Income from sources such as Social Security, Unemployment Compensation, Welfare Benefits, etc. is exempt and protected by law from garnishment. It is also possible for the judgment debtor to block any action against a bank account if it can be shown that the money in the account came from these types of sources. The filing with a credit counseling service, a trusteeship, or a bankruptcy may also affect your garnishment. Ohio law regulates the amount that can be deducted from the debtor’s wages. Creditors cannot attach the debtor’s entire paycheck. The most the creditor can ever obtain is 25% of the debtor’s take home pay per pay period.

[N0help4u]

Yeah that is talking about 25% pay.
When you are on ssd they allow you to work part time. If possible you may want to keep tabs on if she gets a job. I guess you would have to put a judgment on her. Putting a judgment on her would be your best bet any way. Going and asking what your options are at the ssd office might be worth it but they are going to answer you in generalities because any actual information they are going to say 'confidentiality'
Before 9/11 they use to give me any information on my ex husband. After 9/11 they started answering everything with 'thats confidential'

[Rafasgirl]

Yeah that is talking about 25% pay.
When you are on ssd they allow you to work part time. If possible you may want to keep tabs on if she gets a job. I guess you would have to put a judgment on her. Putting a judgment on her would be your best bet any way. Going and asking what your options are at the ssd office might be worth it but they are going to answer you in generalities because any actual information they are going to say 'confidentiality'
Before 9/11 they use to give me any information on my ex husband. After 9/11 they started answering everything with 'thats confidential'

Thank you!