someone is taking me to court for work I did for them on a house. I did this work 2 yrs ago and they have waited till now to sue me. the court papers say I took money and didn't do the work the way they think I should have. I finished all work and they were pleased with it and even sent me to their sons home and I did work for him to. I am now at this time drawing my ss disability for health problems and no longer able to work. if the judgement goes their way, can they take any of my social security?I do own my home. i have a mortage of 15 yrs still owing and a line of credit against it. I have a car that's paid off and its worth about 3500.00. other than that I don't own anything and have no stocks, bonds or savings. nothing else.
No, but garnishment on a bank account containing Social Security benefits can be attempted. Do not put funds from other sources into the bank account where your SocSec benefits are deposited, and take care in the use of checks when an attempted garnishment is imminent. The creditor can't take your Social Security, but they can freeze the account trying long enough to cause checks to be dishonored and bank fees incurred.
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This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Your Social Security is safe as long as you do not co-mingle the funds with other income. Make sure that you attend the hearings and defend yourself. Be prepared and take as much documentation as possible. Be organized. Get statements from other clients where you did similar work regarding the quality. Take this info to an attorney and he will be able to help you determine if you need an attorney or if this is a small claims action. In the event you lose the court should be notified that your only income is SS.
Social Security benefits are exempt from garnishment except in cases where the debt is owed to the government or to satisfy a child support order. Until about May 2011, a person receiving Social Security benefits would have to prove to the bank that the income was exempt – many times after it had already been garnished. But the U.S Department of Treasury now requires banks to be proactive and protect Social Security and some other federal benefits from garnishment.
Any benefits that are directly deposited into the account are protected from garnishment up to a value of two months' payments or the value of the account, whichever is less. When a bank receives a garnishment order, it must review the account and protect any federal benefits directly deposited into the account during the previous two months. So, for example, if you get a direct deposit of Social Security benefits of $2,000 each month, any amount of $4,000 or less in your account at the time of the garnishment would be safe Any money in your account over the equivalent of two months of your benefit amount would not be protected and could be garnished.
However, the creditor may go after your bank account or other assets. You may lose the federal Social Security protection if you co-mingle your SSA money with other monies. Check with an attorney in your state.
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