can a disabled persons ssi direct deposit check to a bank be garnished ?

Question

Amount of ssi check is 603.00 monthly.collection agency is demanding 50.00 and no less each month. disabled person offered 20.00 a month out her below poverty monies.collection agency would not accept the offer,and rudly told person they will garnish 25% of her monthly bank deposit (direct deposit).is this possible? she can barely servive on 603.00 monthly.she is disabled mentally and physically.origin:college loan for 4,200.00.her daughter's father said to her that he was able&would pay one semester's tuition.the father did not pay, and as a result, the mother got burned.she is domicile parent ,and was asked to take care of the paperwork. in her disabled and below poverty status,she needs some input,asap! thank you ever so much. sincerely, [e-mail]

Answer 1

The only thing your SSI can be garnished for is, an overpayment on your SSI or SSD record, back due taxes, back due child support, or un paid student loans. Seeing this is for student loans, I suggest you contact an attorney ASAP. Their are some lawyers that do work on a sliding fee or even free basis for people with low income. Seeing this individual is on SSI, they will have no problem proving they have low income. Good luck.

I was thinking about my reply, and I was not entirely correct. The above information pertains to SSD. SSI is different (sorry) The only thing that SSI can be reduced for is SSI/SSD overpayments.

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=426&p_created=973093075&p_sid=iiZpSjai&p_lva=251&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MTkmcF9wcm9kcz0mcF9jYXRzPTAmcF9wdj0mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PWdhcm5pc2g*&p_li=&p_topview=1

Answer 2

They can garnish with a court order. As long as your friend shows up to court though, she can discuss with the judge what she is actually able to afford. Usually, the judge will rule for the lesser payment as to not put a greater hardship on the debtor. Just makes sure she shows up to Court. Or, she can just start paying $20/month and if they cash it, it is an acceptable payment. Laws do vary from state to state when it comes to collection. Tell her to ask to speak to the collection agency's attorney to work something out. They are usually much more reasonable than the employees.

Answer 3

From past personal experience I know that an SSI check cannot be garnished, not even for child support (unless the law has changed). However, they can hit her bank account if they have her account number. She could discontinue her direct deposit until she can resolve the issue. Maybe the daughter should step in and help her mom. I would if it was my mom.

Answer 4

I am fairly certain that collection agencies can garnish wages so I imagine that would include a disability check. I would recemmend your friend (maybe with your help?) talk to a lawyer to find out her rights. Most lawyers will give a one time consultation free of charge. Or, if you live near a major university they will have a Legal Aid branch which is usually free.

Answer 5

No, because it is a welfare program and those SSI checks are for the person to survive. As the person said above, if you keep a balance in your bank account, they may be able to go after that.

If you know this person... help her out. Bills need to be paid somehow.

Answer 6

I think the only people who can collect from a disability check are the state (like child support)!