Bank wants garnish our SSD checks for an $11000.00 overdraft? Can they do this?
2007-09-11 09:01:03 · 14 answers · asked by James N 1 in Politics & Government ➔ Law & Ethics
I found some interesting information in looking up the answer to your question.
I knew that garnishment was related to wages and that there were limitations as to the amount that is garnished. The maximum amount that can be garnished is 25% after about a $150 deductible per week. Social Security cannot be garniushed but sometimes it is.
"Some types of income such as Social Security are exempt from garnishment, but the burden is on you to prove the exemption. For example, suppose you owe a court judgment and your Social Security is deposited in a bank account. The judgment creditor can send your bank a notice that it wants your account garnished.
There is a freeze on the money in an account while a garnishment attempt is pending. This means that you might not have access to your money for a number of weeks. To avoid this inconvenience, and to avoid having to prove to the court that your funds are exempt, consider having your checks sent direct to you rather than deposited in an account. After cashing your checks you would immediately pay your bills in cash or money orders so your income is not held up by a garnishment attempt. Be sure to get receipts if you use this method of payment.
Some income is exempt from garnishment both before and after it is paid to you. This includes Social Security, Supplemental Security (SSI), state welfare and Veteran’s benefits."
2007-09-11 09:22:04 · answer #1 · answered by DrIG 7 · 0⤊ 0⤋
1
2016-10-08 13:49:38 · answer #2 · answered by ? 3 · 0⤊ 0⤋
I don't believe that the bank can win. Generally social security checks are exempt from pretty much everything with the exception of federal taxes. Sort of like pension payouts, for example O J Simpson's NFL pension that he receives each month can not be garnished to pay the civil suit he lost to the family of Goldman. However if you deposit that check into that bank, they can sweep it against the overdraft.
2007-09-11 09:09:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The short answer is ... yes.
Any source of income may be garnished to help pay down a debt.
However, garnishment is a legal result ... which means the courts must have ordered the money taken from your income. This is usually hard to do, without your prior knowledge (you were probably informed of the court date/time). If you didn't appear in court at the appointed time to contest it, you're out of luck.
2007-09-11 09:05:45 · answer #4 · answered by CanTexan 6 · 1⤊ 1⤋
social security checks can not be garnished by any one to satisfy a private creditor
2007-09-11 09:08:25 · answer #5 · answered by aldo 6 · 0⤊ 1⤋
I know they can't go after it for child support. I have a dead-beat family member on SSI that brags about that fact.
2007-09-11 09:08:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It's against the law to do so.
Check with an attorney immediately.
2007-09-11 09:10:18 · answer #7 · answered by WO LEE 4 · 0⤊ 0⤋
Get out! You're on SS and you wrote a check for $11,000... that bounced? Yes. They sure can.
2007-09-11 09:07:38 · answer #8 · answered by Anonymous · 1⤊ 1⤋
You wrote a bad check for $11,000.00 - why aren't you in jail?
2007-09-11 09:09:09 · answer #9 · answered by tnfarmgirl 6 · 1⤊ 0⤋
Call the SSA and ask.
2007-09-11 09:06:07 · answer #10 · answered by Lady Geologist 7 · 0⤊ 0⤋