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shortcake122162 · Jul 18, 2011, 04:10 PM

I was in a car accident in October of 2010 and at that time nobody was hurt. Now I find out that they are trying to sue me. The only income I have is $36.00 in SSI and $660.00 in Social Security Disability. Can they take my monthly income if they win the case? Thank you for your help. Oh, I live in the state of Virginia and yes I had car insurance.

excon · Jul 18, 2011, 04:21 PM

Hello s:

Let your insurance company handle it. That's WHY you pay them.

In any case, your income is safe from garnishment.

excon

ScottGem · Jul 18, 2011, 04:21 PM

So you refer the case to your insurance carrier and let them take care of it.

Fr_Chuck · Jul 18, 2011, 05:09 PM

Correct, you don't talk to the people who are suing, I would assume they could not settle with insurance first time. But be sure insurance knows about the law suit so they can either settle or have an attorney there to fight it.

They will pay if there is any ruling against you.

shortcake122162 · Jul 18, 2011, 05:55 PM

Thank you for your help and I will do what you said you have taken a lot off my mind and I feel so much better.

twinkiedooter · Jul 19, 2011, 06:10 PM

Once you get served with the paperwork, immediately contact your carrier and ask who do you send this to. And send it certified return receipt requested so you know they got it okay. And once you get the green postcard back, call them to make sure it's literally in their hands to follow up on. Don't just give to your insurance agent.

ballengerb1 · Jul 19, 2011, 08:24 PM

SSI and SSD can only be garnished by the feds so you are fairly safe. Like the others have told you, have no conversation with the person who filed suit, let insurance handle this. You did not mentin this but were the police involved and an accident report completed? Did you notify your insurance company of the accident back in 10-10

helpless_43103 · Jul 20, 2011, 05:34 AM

Your SS is safe from being seized from a lawsuit. If u have OTHER assets, from any source besides SS, that can be seized, but your bank will only give them money if you have $250.00 in there. Banks will not take money unless you have more than the $250.00, besides SS & SSD.

excon · Jul 20, 2011, 06:50 AM

Originally Posted by helpless_43103

Banks will not take money unless you have more than the $250.00, besides SS & SSD.

Hello helpless:

Once it's IN the bank, the bank doesn't know where it came from... Plus, they'll take it ALL. They WON'T leave you with $250. I don't know where you get that from.

excon

JudyKayTee · Jul 20, 2011, 07:53 AM

Originally Posted by helpless_43103

Your SS is safe from being seized from a lawsuit. If u have OTHER assets, from any source besides SS, that can be seized, but your bank will only give them money if you have $250.00 in there. Banks will not take money unless you have more than the $250.00, besides SS & SSD.

Please post where you got this information - it is not familiar to me.

Perhaps it varies by State - but we don't know where the OP lives.

I also find it odd that is contrary to what you claim your Attorney told you on this thread - https://www.askmehelpdesk.com/small-...pt-578211.html

helpless_43103 · Jul 21, 2011, 06:03 AM

I was sued too in June 2011. I called an attorney & he advised me to do nothing because I only have SS, they can't touch that money. Then I called my bank who told me the SS is exempt, but other assets besides SS can be seized, but there has to be over $250.00 before my bank will seize it from creditors. Hope that helps you out.

excon · Jul 21, 2011, 06:12 AM

Originally Posted by helpless_43103

I was sued too in June 2011. I called an attorney & he advised me to do nothing because I only have SS, they can't touch that money. Then I called my bank who told me the SS is exempt, but other assets besides SS can be seized, but there has to be over $250.00 b4 my bank will seize it from creditors. Hope that helps you out.

Hello again, helpless:

You have been told that your information is BOGUS. I don't know WHY you want to put out CRAP. I don't know WHY you want to LIE to people who are in trouble. Why don't you go away?

excon

JudyKayTee · Jul 21, 2011, 08:09 AM

Originally Posted by excon

Hello again, helpless:

You have been told that your information is BOGUS. I dunno WHY you wanna put out CRAP. I dunno WHY you wanna LIE to people who are in trouble. Why don't you go away?

excon

He can't even get the same bogus information correct twice in a row -

Deborah8 · Sep 15, 2011, 01:36 PM

Yes, the bank does know where your SSDI comes from. It states it on the bank draft and it is my understanding, they are not allowed to release that amount to anyone other than the disabled person.

ScottGem · Sep 15, 2011, 04:58 PM

Originally Posted by Deborah8

Yes, the bank does know where your SSDI comes from. It states it on the bank draft and it is my understanding, they are not allowed to release that amount to anyone other than the disabled person.

Your understanding is incorrect. Once the funds are deposited in the account the bank has no way of determining the source of those funds. If they receive a writ of execution,e bound by law to honor it. The only way to avoid this is by prior notification to the bank that the only source of funds to that account are from exempt sources.