Can creditors take my trailer and garnish my social security disability income in AZ state

debt: I had to stop paying credit cards , I am on social security disability and va disability. i own a trailer i paid 9000.00 for can they take my primary residence or touch my checks?

thank you
ruth
Additional information
i am $25,000.00 in debt and make $905.00 a month total. i pay 350.00 for lot rent, 122.00 electric, 35.00 tele, gas 35.00-50.00. cant afford to pay for bankrupsy. what am i to do? was paying thru debt consoluation but could not live on what was left 905-640 dose not leave much. had to borrow money from relitves , but that has stopped. i cancelled bank account. i heard they can not touch my disability checks.

HELP PLEASE
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Answers (5)

Gabriel Cheong

Gabriel Cheong

Contributor Level 7
Note that I am not licensed to practice in your state.

If the credit card companies decides to sue you for the unpaid debts, then they can attach your bank accounts and also put a lien on your property.
1 3
Frank S Hong

Frank S Hong

Contributor Level 5
In addition, keep in mind that creditors cannot garnish income if it comes from: social security benefits, retirement plan benefits and public assistance benefits.

You have the burden to prove that your income is exempt from garnishment. Since garnishment procedures vary from state to state, I would strong recommend that you contact an attorney in your area.

Good luck.
5 1

krueger53ron

One thing to consider is OJ Simpson, he had a multimillion dollar judgement against him but his retirement money could not be touched. Where social security is concerned it is important that if you have your check direct deposited into your bank to let your bank know that this is the only money in your account and as such it is not subject to garnisment., please read the following regarding social security monies paid to individuals:

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:
· Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;
· Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be levied to collect unpaid Federal taxes;
· Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
· The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
· The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.
The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act as long as they are identifiable as Social Security benefits using normal banking practices. For example, only social security benefits are deposited into a particular bank account.
If a creditor tries to garnish your social security check, inform them that unless one of the five exceptions apply, your benefits can not be garnished. You also may want to provide this same information to your financial institution and seek legal assistance if you believe it is needed.

NOTE: Supplemental Security Income payments cannot be levied or garnished.
15 1

rcronin60

I just received a CA State tax due notice plus interest from 2005. Can they take my disability check?
Thank You
4 1

silver_dragon93 (law student)

they can't garnishee social security benefits they are exempt.but they can and will freeze your savings and checking account until you prove these are ss funds. which is a severe headache.Have your check mailed to your home.They can't take your home but they can put a lein on the property and you can't sell it until the lein is paid.My checking and savings just got froze by capital one and they took my money and the bank gave it to them.Unreal.The savings is child support and social security benefits I had to be extremely inconvenienced and I am told I will get back my grandson's money but the other monies is capital ones to do as they wish.Next they will go after my job and will take 25% of my disposable income
4 1
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