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Question about public assistance and NYC court...


KCG116
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If someone is on public assistance or social security and has NO other sources of income, can a collection agency or anyone even GET a judgment against you while you are in this position?

Or is the rule just that they cannot COLLECT from you if they do?

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They can get a judgement from you at any time, regardless of your source of income. They cannot garnish wages that are purely from public assistance or SSI. That doesn't prevent them from getting the judgement and waiting until you get a source of income or gain assets which they can force you to liquidate. I am of course not an expert, this is just my interpretation of the law.

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I found this on the SSA website, with just an easy search on Google of the keywords "Social Security Garnishment".

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=426

Now this does not of course go on to talk about public assistance, but I would assume that state laws would be similar in protecting the funds from being garnished from private creditors. If you did a little research on Google I am sure you could find the answers, maybe on the New York City government website.

http://www.consumeraffairs.com/news/ss_garnish.html

Now this of course doesn't apply if you have defaulted on Veterans Administration mortgages and student loans as well small business and disaster loans. According to the above linked article the government can garnish those wages at a certain amount from your social security payments. My suggestions is to do some research and call the public assistance offices or social security office to find out for sure what is garnishable and what isn't.

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