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Dallas,#2Consumer Suggestion
Fri, April 20, 2007
Federal law makes your Social Security benefits exempt from levy, garnishment, and assignment. 42 USC 407(a) states: "In general the right of any person to any future payment under this subchapter shall not be transferable or assignable . . . and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law." This means that even if a creditor or a collection agency has a judgment against you, they cannot garnish your Social Security payments, nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your social security benefits is exempt from levy or attachment If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My income consists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter. While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt from garnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection agency
Steve [Not A Lawyer]
Bradenton,#3Consumer Suggestion
Thu, April 19, 2007
Dawn, First of all, NEVER speak to any debt collector on the phone! And NEVER even discuss making payments! This could reset the SOL on the debt and allow them to sue you and win. All you need to do is send a CEASE COMMUNICATION request as per your rights under the FDCPA. Send this letter by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep a copy for your records. This is very important. These are totally ignorant morons you are dealing with, and the threat to take your SS disability is ILLEGAL. Go to the ftc.com site and file a complaint online for this illegal activity. FYI..Your SS is untouchable by any civil procedure. They cannot touch it and they know it. This gang at UCB are the lowest of the low. They are mostly high school dropouts, drug addicts, felons, etc. They are wanna be thugs. Send the letter as I suggested, then when they ignore it you can sue them for the FDCPA violation. Don't get mad, GET PAID!!
James
ROME,#4Consumer Comment
Thu, April 19, 2007
Do not worry they can not touch your disability check. do not talk to these people. If you have caller Id dont answer the phone if not and you answer hang up