There is a collection agency trying to reach me concerning a debt they say I owe. I don't have a clue about this mater.

Asked almost 2 years ago - London, KY

All I have is a monthly Social Security check, and some furniture. Can they get into my SS check it's all I have. I know nothing about oweing anybody anything.

Attorney answers (2)

  1. David Michael Katz

    Contributor Level 5

    2

    Lawyers agree

    Answered . The Fair Debt Collection Practices Act FDCPA governs how collection agencies may go about collecting debt. Collection agencies are required to send you a notice of the debt notifying you that you have 30 days to dispute along with other notices. If I were you, I would allow the agency to make initial contact with you and then contact a consumer rights attorney once you receive the letter with the 30 day notice. You will have to send a written dispute notice to the collection agency asking for verification of the debt and showing your liability for it. If they can't verify the debt, they have to stop collecting on it. You can contact me if you want to have a quick discussion of the issues or if you get the 30-day notice. Good luck.

    My response does not constitute legal advice and we do not have an attorney/client relationship. You may contact... more
  2. Brian S Wayson

    Contributor Level 19

    1

    Lawyer agrees

    Answered . No, you should be okay.

    If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).

    NOTE: SSI payments are not subject to garnishment.

    Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. SSA has responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.

    However, the creditor may go after your bank account or other assets. You may lose part of the federal Social Security protection if you co-mingle your SSA money with other monies. Check with an attorney in your state.

    Federal regulations require that banks which receive a garnishment order for an account into which Social Security, VA, Railroad Retirement, or Federal pensions have been deposited, must look more closely before honoring the garnishment order. The bank has to figure out the sum of such Federal benefit payments that have been deposited to the account during a two month period, and must ensure that the account holder has access to an amount equal to that sum or to the current balance of the account, whichever is lower.

    Under this regulation, you do not forfeit your protection from garnishment by mingling your Federal checks with other money -- but there are limits on the amount of money in your account that's protected from garnishment. Only 2 months worth of benefits are protected. Additionally, don't transfer benefits to another account or else the protection is void.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more

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