Social security questiion

[rabbit]

My wife will be elgible for social security in a few months. My understanding is that she can draw on my earnings rather than hers. I believe that amount will be about 50% of what I am currently drawing.

Should her ss money go into a sole acct in her name? I have 2 judgements against me alone. Can a joint acct be attached, when only one of us (me) owns the debt?

We live in Florida, and other joint property can't be siezed if the debts are in the one spouses name only.

Are separate accounts advisible.?

My personal bank account was frozen 6 weejs ago, just 4 days after my ss check was deposited.

Thanks in advance, rabbit

[rmuse00]

Rabbit, I'm moving your post to banking forum so you might get more to chime in on this. In the meantime you might want to take a look at the following thread regarding this.

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=277669&highlight=social+security

[isislc]

Can a joint acct be attached, when only one of us (me) owns the debt?

We live in Florida, and other joint property can't be siezed if the debts are in the one spouses name only.

Are separate accounts advisible.?

My personal bank account was frozen 6 weejs ago, just 4 days after my ss check was deposited.

Thanks in advance, rabbit

I would recommend separate accounts so that there is no question as to what kinds of funds are being deposited. As for your accounts being seized, you might want to look into it further. From what I understand, I thought that SSI money could NOT be garnished in any way to pay judgments or so forth. I could be wrong but I could have sworn that is correct. If you are able to prove that the sole income entering that account is your SSI check then they need to unfreeze the account and return your money to you.

[rabbit]

I appreciate the move. Thanks for the thread info. I contacted the bank and they said there was nothing they could do about it. That it was between the creditor and myself. I called Wolpof and Abramson and tried to reason with them. I didn't come out of the conversation feeling like they would do anything except keep me very busy. They are sending me a form to complete and return. I don't have a problem with that, but the attitude I picked up was "Tough S*** loser". "We've got it and we're keeping it". Anyway, thanks again...rabbit...

Rabbit, I'm moving your post to banking forum so you might get more to chime in on this. In the meantime you might want to take a look at the following thread regarding this.

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=277669&highlight=social+security

[DHK]

Directly from the Social Security Website: (scroll down within the link)

http://www.socialsecurity.gov/deposit/DDFAQ898.htm

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:

• Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;
  
• Section 6334 © of the Internal Revenue Code (26 U.S.C. 6334 ©) allows benefits to be levied to collect unpaid Federal taxes;
  
• Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
  
• The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
  
• The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.
  The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act as long as they are identifiable as Social Security benefits using normal banking practices. For example, only social security benefits are deposited into a particular bank account.
  If a creditor tries to garnish your social security check, inform them that unless one of the five exceptions apply, your benefits can not be garnished. You also may want to provide this same information to your financial institution and seek legal assistance if you believe it is needed.
  NOTE: Supplemental Security Income payments cannot be levied or garnished.
  

[rabbit]

I talked with the CA, I talked woth the bank; neithr dseemsed to have much concern. W&Asaid that their judgemjent includes "any and all monies, of mine, that are available".

It really sucks, I can't fiind another bank that is willing to take my direct deposit without a service fee ranging from $12,49 and 26,55 per month, I hope someone can guide me to a bank that will accept my SS check and defend the deposits[/COLOR]. Thanks, any info weill be appreciated...rabbit

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[jq26]

W&A is wrong. Their documents can say whatever they want. They must comply with federal law. Just don't comingle your funds with wife's so that W&A has no defense if they choose to violate law and levy the account.

[rabbit]

Thanks for the advise and the statutes..I will print them out.

Should I visit my bank so that future funds deposited in my ss account are not witheld; or should I open a new acct somewhere else?

W&A say they are sending paperwork I can fill out to dispute their right to my funds, but I'm not holding my breath. Thanks to all....rabbit..

[LadynRed]

Your wife's SS needs to go into a SEPARATE ACCOUNT in her name only, AND she should NOT co-mingle ANY other funds in that account. As long as ONLY SS funds go into that account, it's easy to prove that 100% of the funds are exempt.

I hope your wife doesn't have any unpaid student loans - SS CAN be garnished to pay them now.