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Currently on S.S. Disability and being sued by Midland Funding LLC on behalf of Wells Fargo Bank . Can they take my only support

Sacramento, CA |

My SS benefits are just enough for me to survive on. What can I do to stop this Law suit and not lose my only source of income ? Thank You

Attorney Answers 6

Posted

They can sue you, can get a judgment, and enforce it...

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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Posted

They can sue you, can get a judgment, and enforce it...

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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Posted

Your answer will be governed by the relevant exemption laws. I do not think they can garnish more than a small percentage of your benefits, if at all. Your question was posted under the "LLC" practice area, so I suggest you re-post in another section to get a better answer. You could also call a bankruptcy attorney as they are likely to know. Be sure to file a timely Answer to the lawsuit and make them prove the debt as well as who owns it, especially since it sounds like you did not borrow from Midland. Good luck.

The above "answer" is for discussion purposes only and is neither intended as legal advice nor to create an attorney-client relationship. An attorney-client relationship is not created until after an in person consultation and I agree in writing to provide representation. I am licensed solely in the state of Arizona. You should consult with a knowledgeable attorney in your jurisdiction.

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Posted

They could theoretically take anything else from you (that wasn't also protected by law), but they can't take your Social Security disability benefits. According to Social Security law (42 U.S.C. Sec. 407) Social Security benefits can't be garnished at all. There are a few exceptions elsewhere in federal law, allowing governmental entities to take money when a debt is owed to them (for government-guaranteed student loans, for child support, for back taxes, etc.), but I don't know of any exceptions that allow a private party (like Midland/Wells Fargo) to take an individual's Social Security benefits.

Jeremy Bordelon is a licensed attorney in the State of Tennessee only, and is authorized to practice in all Tennessee State and Federal courts, and before the Social Security Administration in any jurisdiction. The answers provided on Avvo.com are for information purposes only, and should not be relied on as legal advice. This answer does not create an attorney-client relationship between us. In some jurisdictions, this answer may be construed as attorney advertising.

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Posted

No they can't take your SS benefits if you follow the rules. Make sure only the SS benefits are in your bank account. Make sure the bank knows that is an account that only contains SS benefits (no more than 2 months worth).

The information you obtain from this website is not legal advice.

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Posted

I agree with Messrs. Bordelon and Dugan. Your SS benefits are exempt and cannot be garnished.

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