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 Posted: Fri Jun 17, 2005 12:07 pm Subject: social security benefits |
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My grandmother has a judgement from California. She now lives in Arkansas. Can they garnish her social security benefits?
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Bronwyn
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| Posted: Fri Jun 17, 2005 1:23 pm Subject: |
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Hi Bronwyn
Welcome to the forums. Did your grandmother receive Notice before Garnishment? Without notice, a judgment cannot be entered.
If she has received the court papers, please consult a lawyer immediately to take legal advice. There are many legal aid offices that may be able to provide advice and information or any representation. Please check if the notice has any deadlines. In case if you find any error, you have the right to dispute it. Please make sure that the needful is done at the earliest. Please file any objections within 14 days. You should ask for the information on collections and garnishments though it can be seen on the file of the agency from whom you got this notice.
Following are the benefits that cannot be garnished:
Benefits from the Family Independence Agency
- Family Independence Program (FIP) benefits ( formerly ADC)
- State Disability Assistance (SDA) benefits
- Refugee Assistance Program (RAP) benefits
- Food Stamps (including the food stamp “cash out”)
- Your child support $50.00 pass through
- Foster care payments
Benefits from the Social Security Administration
- Supplemental Security Income (SSI)
- Retirement, Survivors, or Disability Insurance 2 (Social Security)
Miscellaneous
- Unemployment Insurance Payments
- Workers Compensation Payments
In addition, note that the first $500 in a savings and loan account savings account cannot
be garnished.
Please take legal help as soon as possible to put things under control.
Regards
Roxette
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roxette
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| Posted: Sat Jun 18, 2005 8:30 am Subject: Re: social security benefits |
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| Bronwyn wrote: | | My grandmother has a judgement from California. She now lives in Arkansas. Can they garnish her social security benefits? |
First I will suggest that you contact a lawyer. But I will give you as much information possible that I could provide from my legal knowledge. Well, from my fledgling legal background, I understand that is legally possible for someone's wages to be garnished even if the judgment was entered in another state.
In a sense, all of the courts in each state are connected. Because a judgment rendered in one state can be easily recognized in another state. In order to do this, the plaintiff just has to file another suit in your new state.
However, you do have an opportunity to fight this in the state of Arkansas. The debt company probably filed a new suit in Arkansas. They probably asked the court in Arkansas to recognize the California judgement. If they are garnishing your grandmother's wasges, I will assume that they were succesful in convincing the court to allow this garnishment to occur. So you have to contact a lawyer so you can challenge this suit to the best of your ability.
I can't tell you your chances of winning because I don't know the detail of this case. but there is still hope for you to challenge this attempt to garnish your wages. Or you can try to see if you can negotiate with the company in order to work something out so they wont have to garnish your wages.
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benjaminz6
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| Posted: Sat Jun 18, 2005 4:27 pm Subject: Re: social security benefits |
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[quote="Bronwyn"]My grandmother has a judgement from California. She now lives in Arkansas. Can they garnish her social security benefits?[/quote]
I know when my mother and I were in an auto accident back in 2003 her benefits were stopped completly. I think it is wrong from when if something like this happens even if it is not our fault we pay for it in the long run.
I am also fighting with the social security office because they have lowered my son's benefits because I work. He is 7 years old for pete's sake. I know they also told me if I want my son to get his full benefit amount that I should stop working completly. I told them they done fallen off of their rockers because that is not going to happen. There is no way that I alone especially my son and I can live off of not even $700.00 a month.
I think that the social security administration has done fallen off their rockers alot lately. I know a few family members that also get social security benefits that they live with other family members that they do not report that there are other members of the household that work.
What tans my hyde is that my son is getting penalized because I work. Also I just got married in April and they are going to account for his income too. Im like great now he is not going to get anything anymore. They also account for the child support that his father sends to him every month too.
But I would do what the other people have told you is to consult a lawyer. I hope this has helped you in some way shape or form.
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LiLLuGNuT
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| Posted: Sun Jun 19, 2005 7:34 am Subject: Re: social security benefits |
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| benjaminz6 wrote: | | Bronwyn wrote: | | My grandmother has a judgement from California. She now lives in Arkansas. Can they garnish her social security benefits? |
First I will suggest that you contact a lawyer. But I will give you as much information possible that I could provide from my legal knowledge. Well, from my fledgling legal background, I understand that is legally possible for someone's wages to be garnished even if the judgment was entered in another state.
In a sense, all of the courts in each state are connected. Because a judgment rendered in one state can be easily recognized in another state. In order to do this, the plaintiff just has to file another suit in your new state.
However, you do have an opportunity to fight this in the state of Arkansas. The debt company probably filed a new suit in Arkansas. They probably asked the court in Arkansas to recognize the California judgement. If they are garnishing your grandmother's wasges, I will assume that they were succesful in convincing the court to allow this garnishment to occur. So you have to contact a lawyer so you can challenge this suit to the best of your ability.
I can't tell you your chances of winning because I don't know the detail of this case. but there is still hope for you to challenge this attempt to garnish your wages. Or you can try to see if you can negotiate with the company in order to work something out so they wont have to garnish your wages. |
I initially missed something in your post. You asked if they could garnish from your grandmother's social security benefits. Well, I am not an expert in this area; however, according to a previous post, they are not able to garnish from:
1) Supplemental Security Income (SSI)
or
2)Retirement, Survivors, or Disability Insurance 2 (Social Security)
So if you are concerned about any of these two benefits, you grandmother can breathe a sigh of relief because they cant be touched. My initial post was just in reference to the ability of the courts in one state to recognize judgments from courts in another state.
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benjaminz6
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| Posted: Mon Jun 27, 2005 8:40 pm Subject: Re: social security benefits |
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Hey there again,
There is one thing that does kinda suck with this whole case is that 1. they can garnish ssi benefits...believe you me I know from experience and 2. the other one that was mentioned that also can be garnished. I know it sucks but that is just how the cookie crumbles. The reason why I know that these can be garnished is because my son receives ssi and his benefits are garnished because 1. i work and 2. his father pays child support and that also affects it. I think there should be some kind of law that if something happens and you are to receive a settlement that it should not affect your benefits at all. Like the accident my mother and I had it affected her benefits.
But the whole thing about it is that you should talk to a lawyer.....
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LiLLuGNuT
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| Posted: Tue Jun 28, 2005 10:51 am Subject: |
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Hi LiLLuGNuT
I think what happened in your case might be the result of some unpaid Federal taxes. If this is the case, then I think that Internal Revenue Service can levy your Social Security benefits.
The benefits can also be garnished in case of collecting unpaid child support or alimony.
What cannot be levied are the SSI payments. Some treasury might reduce the social security benefits for collecting the delinquent debt owed to other Federal agencies, such as student loans owed to some Department of Education.
Regards
Roxette
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roxette
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| Posted: Tue Jun 28, 2005 11:18 am Subject: |
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Hi Roxette...
I wish that was the case but it does happen. There is nothing that is owed to the I.R.S or anything. They garnished my son's benefits because I work and they also garnished my mom's benefits because we received the settlement due to the MVA.
I know that it sucks but it does. I know from experience but it does happen. When I called the social security admin they basically told me for my son to receive his full beenfits that my husband and I would have to stop working and there is no way that a family of 5 can live off of 700.00 a month.
I just think that it is a shame that they also count what his father gives for him for his child support. But now they also calculate into effect what his step father brings home a month too. The last time that I spoke with the social security admin in person they also advised me that for my husband and I could not make more than $2000.00 a month, well the household could not bring in more than that in a month or he will not get his benefits. I have spoke with a lawyer about this situation and they plain out told me that it is the law and that is that.
I know that this whole thing sucks because I know people out there that receive this and they have other people living with them and they dont say anything. And what is even worse is that I know a few people which are family members that receive ssi that are either aclcholics, drug users and well not hookers anymore. Im sorry but when I hear that the good people that follow the rules, they are the ones that get the bad end of it and the ones that dont follow the rules (guidelines) are the ones that get everything.
Well I am sorry for the way that I worded this one, but I am just so fed up with the b.s that ssi admin office messes with the ones that obide by the rules....
LiLLuGNuT
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LiLLuGNuT
Joined: 18 Jun 2005
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| Posted: Tue Jun 28, 2005 11:43 am Subject: |
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LiLLuGNuT, if I had been in your place and gone through such situation, I would also have felt the same. But what may be...the law creators should not be law breakers.
If taking legal assistance can be of any help to you, you should not hesitate in doing that.
I will be really glad if you can get justice on your part.
Take care
Roxette
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roxette
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| Posted: Sun Apr 15, 2007 11:50 am Subject: support for a child ,if parent receives disability |
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I am expecting a baby in August from a person who ie receiving disability benefits for a permanent medical condition. Are there any benefits, available for child since father is not employed?
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cheryl smith
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| Posted: Sun Apr 15, 2007 11:53 am Subject: benefits for child |
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please reply to last posted question ,I am desperate for an answer.
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Cheryl Smith
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| Posted: Sun Apr 15, 2007 11:56 am Subject: |
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Cheryl, I am sure that there is! My father was put on disability when I was still in high school and I received SSI benefits until I graduated high school. You need to contact the SSI dept and find out what steps you need to take to get your child taken care of and I am almost certain that since the baby's father is on disability that your child can receive benefits...They may require a DNA test if you are not married or depending on what state you are in. I know in KY that they will request a DNA test if you are unwed...Best of luck to you! I hope you have a healthy baby. Oh and also, I know that when my husband was on temporary disability for his back both my stepkids received SSI benefits for the duration of his disability...
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Leah
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| Posted: Sun Apr 15, 2007 12:02 pm Subject: |
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That would depend on if the father is receiving SSI (Supplemental Security Income)or SSDI (Supplemental Security Disability Income), if the father is receiving SSDI and has enough work credit history then there is a chance the child may receive a SSDI check until age 18, if he is receiving SSI, then no, the child can not collect a SSI check as well. There is a difference in the programs, if you have a work history and become disabled you receive SSDI with enough work credit history if you do not then you receive SSI. But if you are an adult and you become disabled and you have a deceased parent you can collect SSDI from them.
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WHEREAMI
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| Posted: Sun Apr 15, 2007 12:05 pm Subject: |
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And in order to receive SSI the total household income is a factor. Do you work? How many dependants are in your household? And do you and the father live under the same roof? Because both incomes would be factored together as total household income.
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WHEREAMI
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| Posted: Sun Apr 15, 2007 12:30 pm Subject: business starting by disabled persons |
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Myself and my cousin are both over 40 and receive monthly disability beenfits form job related injuries. We both have permanent injury conditions.
Are there any programs available to anyone's knowledge, how to find out about loan options and opportunities. We reside in the state of New York. I also served in the armed forces but I received a Dishonorable discharge. Do I qualify for any loans through Disability Act , but NOT Veteran disability?
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rikki middleton
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