Reply
Tue 22 Nov, 2011 04:29 pm
there's a court money judgement against me. can the other side attach my social security check? also, i don't know if they have my social security # or not, but if they do, can they attach the soc. sec. payments if they come to me via the social security administration's direct express card? thanks, Spike
@Spikeheimowitz,
Yes, they sure can. For example if you money on your taxes, they'll take it from your check or direct deposit account.
@Ragman,
Yeah, taxes and I believe student loans and domestic support orders.
Check with the Social Security office by phone. They are pretty good about answering questions.
I THINK that SS is sacred. I don't think anybody can "attach" that.
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Found on the web:
"Can creditors such as credit card, mortgage or auto loan companies garnish Social Security benefits to pay a debt?
No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407). "
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File bankruptcy.
@PUNKEY,
You're wrong. I receive my SS benefits regularly for 2 yrs but they attached my check for owing backtaxes.
@Ragman,
Yes, but they can't be attached by any of the items listed by Punkey. As I mentioned, taxes, student loans, and maybe domestic support orders can be deducted.
@roger,
so doesn't what the operative phrase "court money judgement" means entails?
@Ragman,
I don't quite understand your question.
@roger,
never mind...not important
@Spikeheimowitz,
I'm in the same situation. I was just sued and they just sent interrogatories, admissions, requests for production of documents, etc. They are asking all kinds of personal questions that have nothing to do with the case so they are obviously going to try to pull something. I also have my SS on the Direct Express card. I don't think you have to worry, that's the safest place for it to be, otherwise they would be asking how much cash you have and where you keep it. Just don't sign anything agreeing to a "court ordered" payment - or agree to any kind of a payment tied to the judgement. You might be waiving your right to your SS exemption and unknowingly be forced to pay them or agree to pay them out of your SS (when you wouldn't have had to otherwise. They cannot be trusted now. If they pressure you to sign something tell them you want to have any agreements reviewed by a lawyer first (even if you aren't really going to). Also don't make purchases over $50 (except for bills) on your card or take out large chunks of cash. They will be looking for cash/assets/property they can grab. All your financial transactions will be under scrutiny now. Good luck and keep in touch and let us know what they try to do to you, etc.