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Can retirement and disability benefits be garnished?



betziv

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Sub: Can retirement and disability benefits be garnished?
Wed, 07/10/2009 23:33

My father was downsized from his job after 36 years and is took early retirement and is only drawing $720 a month in retirement benefits until he turns 62, and my mother has had two strokes and collects disability. The had a loan through Beneficial Finance Co and made payments on time until all of this happened now they are being sued for $12,000. Can they garnish my father's retirement benefits and my mothers disability benfits? Please help



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manoj_gopale
manoj_gopale
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Sub: #1 First of all it is not legal..... and upon that they can not garWed, 10/07/2009 - 23:33



First of all it is not legal.....
and upon that they can not garnish the check because even if they know the account number of your father's current bank account, if your father open a new bank account and submit the check in the bank and cash out all the money then how can they garnish.?

As check payment will be one time not recurring...


SC
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Sub: #2 Quote:Originally Posted by Anonymousa co signer is just as respoWed, 10/07/2009 - 23:17



Quote:
Originally Posted by Anonymous
a co signer is just as responsible for payment as the person who took out the loan



But a retirement check can't be garnished for commercial debts. However, the creditor can bring a judgment against the person's bank account and can garnish the money in it. Hence, he may try to avoid putting the retirement check into that account.


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Sub: #3 a co signer is just as responsible for payment as the person whoWed, 10/07/2009 - 06:34



a co signer is just as responsible for payment as the person who took out the loan


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Sub: #4 My question is....my dad co-signed on a car for me that i was reWed, 10/07/2009 - 06:19



My question is....my dad co-signed on a car for me that i was repoed, and i'm fililng bankrupcy now they are threatening to garnish my fathers retirement check, can they do that


finsfan13
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Sub: #5 The only income you have is SS? If that's the case, you can not Sun, 09/09/2007 - 16:42



The only income you have is SS? If that's the case, you can not be garnished for a debt of this kind (consumer debt) anywhere in the US. However, you can have your accounts levvied as a means of collection.

I would answer the phone and talk to the creditors. It would be better to make some arrangements now that you can live with than to have arrangements decided for you in court..And you don't need the ugly black mark that a judgement will give you. Unfortuanately, you are responsible for this debt and will ultimately have to pay it. Good luck, please keep up updated.

26.2
Detroit Marathon, October 2009


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Sub: #6 could someone ans. my quistion if they know??Sun, 09/09/2007 - 12:34



Im not sure Im doing this right, or Im not looking in the right place for feedback one...I cannot find anything in the posts that fit my questions..On SS and SSI...Please Help...before my phone starts ringing again in the morning..


Unregistered

Sub: #7 collectors and SS and SSISat, 09/08/2007 - 15:21



I am on SS and SSI...On the promise of a cousin wanting me to let her use my credit cards and she would just give me the money to pay the bill each mo. So, I did. WRONG!! She skiped out I have no clue where she is ..Now Im the one getting all the calls and bills..What is the first steps they will take to collect? The only thing I own is a paid off car...Im scared to Ans. the large amount of calls I have been getting..I don't know what to tell them!. Or should I answer them and tell them I live mo. to mo.and am on SS $284.00 and SSI $359. Should I return their mail unopened so they think I have moved..Im scared to DEATH of it all...I have always paid my bills and on time...Im not trying to get away with anything...I just don't even know if I could save up enough money to go bankrupt "or" even if that can be done ...But, by the end of the Month there is NOOOOO money left. I feel very embarrased about it all..because I am the one who let it happen...So, I know I am the one who owes it!! Please tell me step by step what to expect..Can they take my car?? Can they take my SS and SSI..Sence I never ans.the phone for weeks on end..they have slowed down alot. Will I get a letter saying Im being sued or a Sheriff come to my door? Please any info would be help full.


aciotsf
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Sub: #8 The court has given you 20 days time to prepare your case for thTue, 11/07/2006 - 14:21



The court has given you 20 days time to prepare your case for the hearing. During this time, you may contact the loan company and set a payment plan with them. If they are willing to work with you, the case will be withdrawn from the court. Your parents should take lawyer's advice and get the strong points in their favor and the company is asked to give reasons. All this will be done to prevent your parents' benefits from being garnished.


betziv
betziv
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Sub: #9 Can retirement and disability benefits be garnishedTue, 11/07/2006 - 04:54



I reviewed the papers that were served and it is a summons and my parents have 20 days to repsond. I have no idea what that means so I think they are going to talk to an attorney. Thanks to everyone that responded so quickly.....


finsfan13
finsfan13

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Sub: #10 These rules change constantly, no one can keep up with them. I dMon, 11/06/2006 - 16:59



These rules change constantly, no one can keep up with them. I don't know how the government does. They probably don't.

This stuff is a pain. It's funny, SSI checks can be garnished for "administration debts"...The list of possibilities are enormous, but it looks like that would mean they used the ssi against a payment somehow.

Betziv, please tell your parents to contact an attorney!

26.2
Detroit Marathon, October 2009


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