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garnishment on disabled person

Date: Sat, 07/28/2007 - 00:38

Submitted by anonymous
on Sat, 07/28/2007 - 00:38

Posts: 202330 Credits: [Donate]

Total Replies: 9


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?


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.


lrhall41

Submitted by trophy on Sat, 07/28/2007 - 01:11

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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?


lrhall41

Submitted by kscornell on Sat, 07/28/2007 - 08:38

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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.


lrhall41

Submitted by on Mon, 01/28/2008 - 21:29

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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.


lrhall41

Submitted by on Tue, 01/29/2008 - 16:43

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