Jonathan C. Ginsberg's Answers

Can a debt collection agency have your social security benefits garnished for defaulting on an unsecured credit card?

No, absolutely not. Social Security benefits may not be garnished to satisfy a civil judgment by this type of debt collector. Further, it very well may be a violation of the Fair Debt Collection Practices Act (FDCPA) for the debt collector to threaten garnishment when the law clearly provides otherwise. I think it would be wise to put the collection agent on notice that your friend will not be bullied. Here is a sample letter that your friend can use to assert his rights under the FDCPA:...

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I am filing bankruptcy but my husband just found out that he stands to inherit money from his fathers estate in a couple of mont

Assuming that your husband will not be joining with you to file a joint case, you may wonder why his inheritance would have any bearing on your bankruptcy. The answer has to do with how the bankruptcy code looks at household income. When one spouse files individually, your bankruptcy trustee and ultimately the judge will assume that your joint household income is being used to pay joint household bills. If your husband has expenses that are solely his, and not household expenses, you can...

If I get married (we're from the US.), will I lose my SSD benefits?

I would confirm what the other two lawyers have written - your SSD benefits are a function of what you have paid into the system and your new husband's income will not affect your benefits. SSI could be affected. A couple of other points - SSD is also know as SSDI and Title II benefits. SSI is also know as Title XVI benefits. I sometimes speak to people who confuse the two programs and the abbreviations. Secondly, I would suggest that you keep your SSD money is a separate account. SSD...

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Can credit card companies garnish social security income?

No, credit card companies cannot garnish Social Security income. If a credit card issuer should get a judgment, the Social Security Administration will ignore any garnishment summons. Similarly, Social Security funds remain exempt from garnishment even if they go into a bank account. The key here is that your parents should not co-mingle other funds with the Social Security funds in that account. I generally advise my clients to write a letter to the creditor stating that my client is "...

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One debt collector after another keeps buying my debt. I am on Soc Sec. Disability. Isn't there something in that that keeps the

Since there is a debt collector involved, you can invoke your rights under the Fair Debt Collection Practices Act (FDCPA) and send the debt collectors a "drop dead" letter. This letter should: 1. advise the collector that you are asserting your rights under the FDCPA to require debt collectors to discontinue all collection activities. 2. I would also advise the debt collectors that your only source of income is Social Security which is exempt from collection under a state court judgment per...

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Fair Debt Collection Practice

I don't believe that, in general, a mass mailing solicitation for new business by a company that is trying to collect money from you would constitute an FDCPA violation. Firstly, the FDCPA generally applies to collection agencies, not the actual creditor. Other consumer protection laws that might be applicable here generally refer to collection activities. I think it would be difficult to argue that a mass mailing like the Capital One mailing would violate a consumer protection statute. You...

Can creditors garnish social security disbility payments?

No, creditors like credit card companies, car lenders and the like cannot garnish SSDI payments. However, SSDI benefits can be levied against by child support creditors, the IRS, some student loan creditors, the Social Security Administration (for overpayments), and some debts owed to other federal agencies. SSI benefits are considered welfare payments and generally cannot be garnished. Be very careful about co-mingling funds with non-Social Security money. Do not assume that your bank...

Can a pay day loan company garnish my wages for loan payment that is due

If the loan contract you entered into is legal and valid, and you are in breach of that contract, then yes, your wages are at risk of garnishment. Note that some States (i.e., Georgia) have banned payday loans. Even if these types of loans are not banned where you live (I assume that you live in Delaware based on your question), your State may have special rules that govern collection of this type of debt. Further, every State has very specific rules about how much of your income may be...

Can my landlord, that I share a house with, legally say my boyfriend isn't allowed there anymore?

I can't speak to Missouri law specifically but in general, a tenant has rights in property per the lease agreement. In other words you as the tenant have the right to "quiet enjoyment" of your leased property. Unless the lease specifically bars a certain individual or activity, I do not think that the landlord is within his rights to enter your leased premises or assert control over any (legal) activity that goes on there. Allowing a guest to watch TV in your leased premises does not seem to...

Can you discharge alimony in a bankruptcy in MO?

Note that I am not a Missouri lawyer. However, the Bankruptcy Code is federal law and Section 523(a)(15) specifically excludes alimony from being discharged in bankruptcy. If you receive a notice that you ex has filed, I would suggest that you speak to either your divorce lawyer or a bankruptcy lawyer knowledgeable about discharge issues to fully protect your rights.