Prosay Posted March 5, 2011 Report Share Posted March 5, 2011 (edited) My research has found this, addresses CALIFORNIA LAW...but all states have similar code: Just google your specific state codeSocial Security is safe from collectorsFederal law makes your Social Security benefits exempt from levy, garnishment, assignment by regular creditors, and from the trustee in bankruptcy. (The federal government can withhold some part of Social Security payments for taxes, student loans, or support, however.)That means that even a creditor with a judgment cannot intercept your Social Security payments nor can they take the money from you after it has been paid to you.Other exemptionsIn addition to the federal exemption for Social Security benefits, each state has law protecting certain assets from the individual's creditors. California protection for Social Security direct deposit. These exemptions are available without filing bankruptcy.Most retirement plans, pensions, and 401(k) plans are also exempt from collection.VETERAN DISABILTY BENEFITS ARE ALSO EXEMPT.If you fall behind on your bills, collectors will use stress, fear and shame to get you to pay them, irregardless of the other demands on your budget. If you look at what you own and your sources of income, it may be that everything you have is exempt. In that case, even if an unpaid creditor sued you, got a judgment and tried to use the law to collect its money, that creditor will get nothing.So, resist being pressured to pay money just because a bill collector says you "have to". GOOGLE: "(YOUR STATE) BANKRUPTCY CODE"PREPARE A LIST OF YOUR PERSONAL ASSETS, SOURCES OF INCOME AND HOMESTEAD EXEMPTIONS IN ACCORDANCE WITH YOUR STATE LAW, have it typed, notarized and send to the CA, PLAINTIFF ATTORNEY OR JDB.If a lawsuit is filed against you, then file a copy of your list with the court clerk in your county, along with a notation stating that " I certify a copy of this asset exemption list was mailed by "certified mail return receipt requested" mail article number xxxxxxxxxxxxx to the attorney so named at the address indicated on the summons and complaint ( CASE NUMBER ) ATTACHED AND MADE A PART HEREOF"TAKE YOUR DOCUMENT TO THE COURT CLERK, sign it in his/her presence, have them sign, stamp the document with the court seal, and enter it into the record. Also ask them if there is any other requirement per your state code.In Tenn, the code is "TCA 1870-1871"I need to add " IF YOU FALL UNDER THESE "EXEMPTION STATUS" IT IS A GOOD IDEA TO MAIL A NOTARIZED COPY OF YOUR EXEMPTIONS to any CA, JDB or attorney ALONG WITH YOUR REQUEST FOR VALIDATION OF THE ALLEGED DEBT....often this will stop the matter entirely, as they will see that sueing you will be pointless..a waste of time and money. Edited March 6, 2011 by Prosay Link to comment Share on other sites More sharing options...
pjoeeoj Posted July 10, 2012 Report Share Posted July 10, 2012 I live in MN and just been approved for Soc. Sec Disability and SS sent a direct deposit to an old checking account that I had 3 years ago and owed them money. Instead of sending it back to SS they kept all my check and applied it to what I owed them. Can they do that? Do I have some recourse that I can do? Now I can't pay my rent S.S told me that they can not do anything for me once the Direct deposit is converted to cash Link to comment Share on other sites More sharing options...
1stStep Posted July 10, 2012 Report Share Posted July 10, 2012 Go to the bank w your SSI papers and demand the money back...Change banks too! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted July 10, 2012 Report Share Posted July 10, 2012 When you say owed them money, what do you mean? Did you have direct deposit put into an account that was overdrawn? If so there is no chance of getting that money back. If they used their right to set off to pay off an old credit card debt then I would consult an attorney. Link to comment Share on other sites More sharing options...
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