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Posted: Sat Jul 28, 2007 12:38 am Subject: garnishment on disabled person

due to financial situation, my vehicle will be reposed. It is in my name and ex-husbands' name. He suffered a stroke in 10/06, getting SSI. Can the bank garnish his disability?

Posted: Sat Jul 28, 2007 1:11 am Subject:

You need to confirm the garnishment laws with your state attorney general's office. In some cases, the disability checks are used to recover the amount. Have you called the original lender to set up a payment plan? If you are able to arrange something in advance, your vehicle will remain safe. Do have a written proof of the agreement with the credit company.

dave2468 · Posted: Sat Jul 28, 2007 7:58 am Subject:

most states do not allow garnishment of SSI checks or disabilty

Posted: Sat Jul 28, 2007 8:14 am Subject:

Social Security income can not be garnished except for government obligations(student loans,taxes,etc.)However if you are subject to execution of a judgment do not put your income in a bank account as they can be levied and it is a royal Pita to unfreeze these accounts.

Posted: Sat Jul 28, 2007 8:38 am Subject:

And the person who is best qualified to answer this question imho is Finsfan, who deals with garnishments at her company on a daily basis. I know she would want to know what state you are in, as that would best help determine where you should go with this. Also, what kind of disability is your husband getting--federal or state?

Guest · Posted: Sat Jul 28, 2007 5:25 pm Subject:

not at all... it would be illegal. ssi cannot be touched

Posted: Sat Jul 28, 2007 5:44 pm Subject:

Cajun is exactly right. SSI or any form of federal payout, CAN be garnished for outstanding federal debts. Why would they continue to pay you if you owed them, right? This is why it's important to determine if the disability and the debt owed are federal or state.

o · Posted: Mon Jan 28, 2008 10:29 pm Subject: ssi

I'm on SSI & been working on debt repmt but I have a creditor on my @$$ rite now who NEVER warned me or my sis that we had a secured loan 4 a pc. neither of us has much $$$ & I hadda take over the pmts & NOW the creditor's after the pc, & has been 2 my home while I was @ school. ALL I get is SSI & am making an honest effort 2 repay all that I owe others as well as the so-called 'secured' loan we were never warned was secured.

Posted: Mon Jan 28, 2008 10:35 pm Subject:

So they are trying to repo the computer??

Whose name is the debt in?? Did you cosign?

Fla Lawyer · Posted: Tue Jan 29, 2008 5:43 pm Subject: SSI

Cajun is right, taxes and student loan debt backed by Federal Government can be garnished. 99% of all other states do not allow garnishment.

Immediately send your bank a certified letter informing them that the assets in your bank account are SSI. Remove the non-SSI income and open an individual account.

Cajun is also right that they CAN levy the bank account and it is a FPITA to undoe it. Some lawyers will handle it for free because of their feelings towards banks.

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