A judgment when someone is in social security

I'm no expert on Social Security, but I don't think being on Social Security has anything to do with whether a judgement can be placed against you or not.

It has to do with whether you pay a bill or not, and whether the creditor takes you to court or not. If you receive a summons for a court date regarding a debt, by all means, show up. If you do not show up, the creditor is given a judgement against you by default. The judgement will remain on your credit until paid.

A judgement can be made against any adult, under any circumstances and court discretion.

All the social security income does is make it extremely difficult to garnish income. Except for government obligations,child support,and student loans,your income cannot be touched in a garnishment proceeding.

You can get a judgement against you. BUT, Social Security checks can not be garnished, the only way a social security check CAN be garnished if it is for child support, student loans, and other federal debt (taxes, etc.).

Although your checks can't be garnished for a consumer debt, you can have your accounts levvied, which is frequently what happens to someone receiving benny checks. In my opinion this is much worse than a straight garnishment, since there is no percentage cap and it is allowed in every state.

Fins unless I am mistaken,most states would allow a person with strictly government benefits to exempt a bank account levy with written proof.

Fins, What's a benny check? Bulldog, how do you apply the exempt for a bank account levy? From the bank? What written proof you need? From social security? Thanks!

Benny Check= Government like social security,disability,or veterans. Get a letter from social security showing monthly benefits.Get a letter from your bank showing that only income from social security is being deposited in your bank account.Send a copy of both letters to the court and judgement holder certified return receipt.Save the green card you will receive when they receive it. This should be enough to place them on notice that your bank account holds exempted funds.

Cajun, as far as the levvy goes, it depends upon a lot of things. Bennys are NOT exempt once they are in the bank. Even for a consumer debt in certain instances you will NOT qualify for exemption. :lol: Last training conference I had to sit through covered this. Love bringing my job home with me.

My advice to you is to call the courthouse. A letter from the bank isn't going to be proof enough. The court can tell you the torts you need. I'm also thinking that you're going to need to contact your last payroll dept, as well. I know I have filled out proof of ss forms many times for ex-employees, and current ones on disability. I'm HR and do this stuff daily, so feel free to pm me for anything. Also, can you tell me what the debt is for? And..How old is it and is it with a CA or the original creditor?

Which one of you is going to fee up to taking 49 dollars out of my account?We don't have access to your account.Check with your bank.Cajunbulldog

well, it isn't going to be me.

I bet it wasn't anyone else posting in this thread, either. Why don't you check with your bank? I bet they can tell tell you who it was.

I took your money and used it to buy a 12 pack roll of toilet paper and a case of beer. Thanks.

Hi,
So even for the person who retired 11 yrs+ ago, he still need to go back to his ex-employee to get a form filled? I have 3 CC card debt. I haven't pay for 6 months. They are still with the OC, But they have called me and said they will file a lawsuit soon if I don't pay them. So they best way is to get the money out of my account (even the money is SS) every month and wait for the lawsuit. If any case, they have levy my account, I will just show them the SS payment letter and monthly bank statments? Thanks!

no, you probably wouldn't have to get a letter from your employer if you haven't worked that long! I think your benefits statement would work. If it's not enough they'll tell you what else you need.

I would contact the creditors before they contact you to avoid a judgement entirely. Be up front with them and explain your situation, they don't want the extra time and expense of nasty collecting procedures. It looks like you can still work things out.