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social security garnishment

Date: Tue, 01/04/2011 - 23:13

Submitted by anonymous
on Tue, 01/04/2011 - 23:13

Posts: 202330 Credits: [Donate]

Total Replies: 4


My mother is 70 years old. One of her credit accounts has been sold off to a collection agency. Now the collection agency is threatening to sue her. My mother's only income is from Social security. What I want to know is that can the SS income be garnished?


Your mother's social security income cannot be garnished by the creditors or the collection agencies. If the collection agency can validate the debt, then you should try and negotiate with them on your mother's behalf in order to get an affordable payment plan for your mother. This will help your mother to pay off the dues and they won't sue her.


lrhall41

Submitted by Anna Sweeting on Tue, 01/04/2011 - 23:35

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Creditors can't garnish your mother's social security income. As per the Social Security Act (section 207), income from social security benefits can't be garnished. As far as I know, creditors will not be be able to garnish your mother's savings account also since she has no job.


lrhall41

Submitted by on Tue, 01/04/2011 - 23:49

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Zwicker an ass harrassed me too even hung up on me. I told them I was on social security threaten to garnish the wages I told them it was agaignst the law. I finnaly spoke to a gentleman who agreed. I made payment arrangements paying $10 a month. Warning do not give out your checking account number to a collection agency, send it in..


lrhall41

Submitted by on Fri, 01/21/2011 - 14:14

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Letter to creditors advising them that you are judgment proof and your only source of income is Social Security disability


Creditor Name
Address
City, ST Zip

RE: Your name
Your account number

Dear Sir or Madame:

Your company has written and/or called me regarding a debt you allege I owe your company. This letter is in regard to this claimed debt.

1. to the extent that the Fair Debt Collection Practices Act applies to this debt, I hereby assert my rights and I request that you discontinue contact. I will henceforth log all calls and save all correspondence and I will pursue damages against you should there be any violation of the FDCPA. Thank you for your immediate attention to this matter.

2. please also be advised that I am judgment proof and I hereby request that you code my account as "uncollectible." I am not working at the present time and I do not expect to rejoin the work force. I have recently applied for Social Security disability and I am awaiting a decision by a Social Security judge. If the event that I prevail, any benefits awarded to me are protected from seizure, levy or garnishment by a civil creditor. I own no real estate and I have no assets. I recognize that your company has certain legal rights in attempting to collect debts but I want you to recognize that even if you obtain a judgment against me, I have no source of funds to satisfy said judgment.

Thank you for your prompt attention to these matters.

Very truly yours,



http://www.jonathanginsberg.com/no_collection_drop_dead_letter.html


lrhall41

Submitted by on Fri, 02/11/2011 - 13:17

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