Can a debt collector go after your unemployment benefits?
Date: Fri, 02/13/2009 - 11:17
Just saw someone else's answer to someone else and made me think.........can they REALLY do this or just threaten to do it?
Just found this info: What is Exempt from Debt Collection?
Just found this info:
What is Exempt from Debt Collection?
IMPORTANT NOTE: The exemptions from debt collection discussed on this page apply to private debts like credit cards, medical bills, and bank loans. If you have child support debt, or if you owe money to the government for taxes or a student loan, different rules apply.
Know Your Rights!
**Exempt Income Protection Act**
A new law called the Exempt Income Protection Act (EIPA) went into effect on January 1, 2009! EIPA protects bank accounts that contains subsistence funds such as government benefits, pensions, and some earned income. EIPA prevents creditors and debt collectors from freezing these accounts to pay private debts, like credit cards.
Under EIPA, your bank account cannot be frozen if the balance is less than:
$2,500 - if your account contains directly deposited exempt benefits, including Social Security, SSI, Veterans benefits, disability, pensions, child support, spousal maintenance, workers compensation, unemployment insurance, Public Assistance, Railroad Retirement benefits, and Black Lung benefits;
or:
$1,716 - all other accounts.
What does it mean to be exempt from debt collection?
Under state and federal law, certain kinds of income and property are classified as exempt from debt collection. A creditor or debt collector cannot force you to use exempt income or property to pay a debt.
What kinds of benefits are exempt from debt collection?
Public Assistance (PA)
Supplemental Security Income (SSI)
Social Security
Social Security Disability (SSD)
Veterans benefits (VA)
Child Support
Spousal Maintenance
Workers Compensation
Unemployment Insurance
Railroad Retirement benefits
Black Lung benefits
What state do you live in? Each states exemptions are different
What state do you live in? Each states exemptions are different in regards to garnishments, levies and leins. Disability would be exempt in any state for credit card debt.
Obviously, by what the guest says and by what I have learned, UC
Obviously, by what the guest says and by what I have learned, UC Bens are protected by Federal Law from attachment as are other "subsistence funds" under the new law and also Federally funded programs were protected prior to that bill.
The caveat to that is the consumer must jump thru hoops sometime
The caveat to that is the consumer must jump thru hoops sometimes to prove sources of income that are exempt from garnishment.
If the only pay I get is Unemployment, thus a 1099, then there s
If the only pay I get is Unemployment, thus a 1099, then there should be no question as to "who" or "how" I am being paid, I would guess. I would dare any debt collector to come after me at this point, I don't owe any validated debts, the debt collectors run and hide when you ask them for proof of the debt. Then, they resell your debt to someone else.
If you go to your Credit report and "constest" a collectors debt......the debt collector can then "reset" the date of last contact and then get more info on you to resell the debt. If you send a letter to the Credit bureaus' stating you did not receive a response, they don't remove the incorrect info. I have proved it time and time again to them and the debts still appear on there.
When the debt last contact date is "reset" by the creditor/debt collector, that also resets the date it will "fall off your report".
So.....as one who is caught between a rock and a hard place, I am doomed. I have no recourse because Equifax, Trans Union, etc as well as Telecheck/Teletrak refuse to update their files even after I provide them proof I have done MY part, I cannot rent an apt, buy a car, etc.
When I disupte the debts and info on my reports, again, it RESETS the date it will "fall off". Something I found out the hard way and these bottom feeder scum bags who resell debts should be sent to jail.........every single one of them who duck and circumvent the law and our rights.
and someone who has nothing to lose and has info on a debt colle
and someone who has nothing to lose and has info on a debt collector, can be bad deal for debt collector.
Yes correct they cannot come after certain government income and
Yes correct they cannot come after certain government income and wonderful post great information. There are laws now to protect you. So if you have 2500 or less debt they cannot freeze your account?
and if they "believe" the debt is over 2500, then what? If you a
and if they "believe" the debt is over 2500, then what? If you are on unemployment and it is NOT your debt.....yet you have tried to get someone, anyone to send you proof of the debt.....you are still screwed? If you can't pay 2500, what in the world makes the court think anyone can pay more then 2500?
As an elected official
If I were in Congress right now, I would write and sponsor a bill to make it illegal to sale a charged off acct period. After the original creditor has charged off the acct, Collection agencies purchase it, and once they have it, they put the consumer thru a million and one "changes" to collect. In other words, you undergo this emotional roller coaster with debt validation letters, phone calls, threats, bullying, the whole nine is what CA's and OC put people thru just to get people to pay. We should as consumers write and call our Congress people, and ask them to consider legislation that will make the OC hold onto these accts for only so long a period of time, and use CA to collect the debt if it goes into default,but they cannot sale off the debt. The CA and the OC will both have to abide by the laws to collect the debt, or if they use threats intimidation etc, to collect from consumer and this is proven, both OC and Ca can be charged with extortion. Debt collection under new legislation would be more closely monitored to make sure both abide by the laws. If I were writing this legislation, there would be arrests made, and some of these debt collectors would be put out of business. ONce a debt goes into default, the OC would have two to three yrs. to collect. After that...the debt is charged off, archived, and is considered dead. No one can sale it. Once it is charged off, it would be mandatory that the OC notify the consumer in writing of such, and that acct is inactive, and neither they, nor any third party in the future will be allowed to collect on it , under penalty of federal fines and or imprisonment. Under these new provisions, both OC, and CA, must allow you to pay only what you can afford. The consumer would be able to apply for a plan that would considering your income, would only pay what is feasible. If you only make $10,000 a yr. you would only have to pay, as low as $5.00 to $10.00 per month. Much less depending on rent, groceries etc..., until acct is paid. A clearing house would be added and a consumer hotline and website would be created for consumer complaints about CA's and OC's that are breaking the law. Once these complaints were filed, the consumer would contact the CA or OC letting them know that a complaint has been made against them. Another provision to the new law is that once a complaint is filed with new federal consumer clearinghouse project, all collection activity must cease for 90-120 days. This would give clearinghouse time to investigate complaint..., and to act as a mediator to work out repayment schedule for consumers, as well as assist with debt validation, and to look into consumer complaints of any laws broken by debt collectors to collect debts. I would make it a felony to sale off an acct that has been charged off. I would place mandatory jail time for two yrs., for violation, with fines also as an option to be included. Both CA's and OC's could be charged with racketeering if the OC "charges off" the acct, but yet "reassigns" it to make CA's that collects the money, than splits it with the CA. These are only suggestions, but I would love to see these changes come to pass.
I honestly think something like that would spin our already stru
I honestly think something like that would spin our already struggling economy spiraling down int a never-ending pit of a black hole. If laws were enacted like that, I don't think they would automatically axe all 'charged off' debt that is currently out there in mass portfolios..they would have to give them a chance to prove them out otherwise these companies would take ginormous hits to their bottom line..now I know WE all would love to see that...but how our government always takes into consideration the life of big business, I don't ever see anything happening that will immediately lose these big businesses (some even publicly traded) that amount of money.
But the idea is a sound one..but it would have to be implemented in stages and other pro-consumer laws would have to be enacted in conjuction to make it feasible. Unfortunately.
A OC charges the debt after 180 days under federal law. They se
A OC charges the debt after 180 days under federal law. They sell it off to offset some of their loss. It is like a car dealer sealling a 2 year old new (unsold) car for less then when it was current to get some money out of it.
So under IF ONLY's plan a person with good credit who knows he is going to loose his job can run up thousands and thousands of dollars in debt and then basically walk away from them and only pay $5 or $10 a month (which won't even cover the interest charges).
You know what would happen? The credit industry would disappear over night because NO business would take the chance of such huge losses. You would be lucky to get a credit card with $100 limit in that situation.
Bad Information
You people are better off checking with an attorney in your state then going on this message board. If you google "Exempt Income Protection Act" as someone referred to on this board you will find that they nicely left out the fact that this is not a federal law it is a state law passed by the state of New York. Therefore it only pertains to people in New York. As I stated before inquire with someone who knows the law in your state instead of being misled by a message board.
I do know that in Florida, unemployment benefits are exempt from
I do know that in Florida, unemployment benefits are exempt from collection
http://dept.sfcollege.edu/sla/legal/archives/JUDGEMENTS%20COLLECTIONS.pdf
New EIPA BANKING LAW
My bank continues to hold my account which has all exempt funds in it. The balance is BELOW 2,500..Who can I report them to.
LI. NY. Resident.