Can companies like Gateway, Dell or other ones that you're entitled to dept to, can they take your social security if they have a representitive and they serve papers on you? I'm wondering cause my parents had one from a company that they had been in dept with years ago and on the served papers it said that they would garishe their state taxes, though they don't pay taxes out due to their income. Thanks.
2006-09-17 13:11:48 · 3 answers · asked by NarutoUzumaki 2 in Business & Finance ➔ Personal Finance
I agree with bostonianinmo.
Your parents really should speak with a lawyer, and preferably a lawyer that is well versed in the FDCPA.
It is a violation for any creditor or collection agency to tell a debtor that "anything" will be taken, garnished etc before even going to court. That little statement could cost the Plaintiff $1,000 if your parents file a counterclaim against them for it.
bostonianinmo is also correct about the bank accounts. While social security and social security disability are non garnishable for money debts, if the SS money is in an account that holds, or had held, funds from any other source than SS, it may open the door for seizure.
Have your parents pull their credit reports, see if the creditor/collection agency is reporting on them. Then have your parents speak with an attorney. Tell them to take every scrap of paper with them.
If the creditor/collection agency is reporting on their reports, I'm willing to bet there is a big possibility of other violations listed, which your parents could add in their counters.
Just make sure that they either speak with an atty or file the answer themselves within the time allowed or the Plaintiff will automatically get a default judgment.
If they do not have an attorney, they might look at the link I've provided and find one in their area that specializes in the FDCPA.
2006-09-17 15:31:35 · answer #1 · answered by echo 7 · 0⤊ 0⤋
Tax refunds can only be taken to pay other tax assessments or child support.
If a creditor gets a judgement against them, they will probably get a bank levy against any bank accounts they own. Any SS funds that were deposited there would be at risk.
They need to consult with an attorney. Failing to act at all is the worst possible thing that they can do. The creditor will get a default judgement against them and then there will be nothing that can be done to stop them.
2006-09-17 21:33:53 · answer #2 · answered by Bostonian In MO 7 · 2⤊ 0⤋
Some sources of income can be attached for repayment of debt, but garnishment of Social Security income is illegal.
2006-09-18 09:12:49 · answer #3 · answered by paleblueshoe 4 · 0⤊ 0⤋