can Disability be attached?

Date: Sat, 02/12/2011 - 00:49

Submitted by anonymous
on Sat, 02/12/2011 - 00:49

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Total Replies: 4

i have a friend who is being harrassed by Pressler and Pressler. my friend has had Cereble Palsy since birth and is on SSI and Disability, or something to that effect. he cannot work and the last time those cards were used was 12 years ago.can Pressler and Pressler collect a debt that is over 7 years in collections and if so, can his bank acct be attached when the only checks that are deposited in there are for his disability from the government?

Yes, the collectors can try to collect the debt. However, they c

Yes, the collectors can try to collect the debt. However, they can't try to collect the money that your friend receives for his disability from the government.

lrhall41

Submitted by anonymous on Sat, 02/12/2011 - 01:11

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Social security income and disability are exempt from garnishmen

Social security income and disability are exempt from garnishment. In such a situation, neither to original creditor nor the collection agency can file a lawsuit to garnish those income. Moreover, if the debt is passed SOL as per your state laws, then the collection agency cannot file any lawsuit against your friend.

lrhall41

Submitted by Anna Sweeting on Sat, 02/12/2011 - 01:37

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has your friend told them about the situation? best thing to do

has your friend told them about the situation? best thing to do is have him send proof of ssd so they know they are shit outta luck. then, if they try to levy your friend he can show a judge that they had proof that he was exempt already..

lrhall41

Submitted by anonymous on Sat, 02/12/2011 - 10:01

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between the SSI/disability and the age of this debt being past t

between the SSI/disability and the age of this debt being past the SOL, I would simply send them a certified letter telling them to stop all contact regarding this matter. Have they told your friend that they will sue him? have they said anything about garnishing or levying against his SSI/disability? If so, you need to contact a consumer rights attorney for your friend ASAP--being that he is on disability he should be able to get no-cost or low-cost legal help. If they have made those threats, you should sue THEM for FDCPA violations....

lrhall41

Submitted by skydivr7673 on Sat, 02/12/2011 - 10:35

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