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  #1  
Old 11-21-2005, 11:32 PM
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Location: Bokchito, Oklahoma, USA
Posts: 59

Social Security IS Garnishable for CC Debt


What is the name of your state? Oklahoma

I just went to court today for a motion for exemption. I was allowed to show my bank statement with proof that all monies in the account were direct deposited social security. I was not allowed to show the statement where social security is non garnishable. The only thing the judge said was exemption denied.

The judge denied my exemption and is now allowing Discover to take my SSDI from the bank account.

The social security office first stated that there was nothing they could do, until I showed them a print off from their own website that shows that the funds are still protected by them because it is destinguishable as social security and it's the ONLY money in the account (per their own website).

They gave me the number for legal aid and I have an appointment with them next monday, but that doesn't help me now.

I know your going to call me a deadbeat and tell me to pay my bills. I really wish I could. I got behind because I was placed in a mental institution for a few months. Then, when I got out, I was put back in after being out a couple of months. Cycle went on until I got on disability and was able to pay for the meds I needed get stable.

So, you tell me now that nobody can take social security for a credit card debt. If you dont believe me, I can send you pictures of the documents to prove it.
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  #2  
Old 11-23-2005, 11:26 AM
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Join Date: Jan 2005
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Well, you got a judge that is an idiot. Unfortunately, you are going to need some professional help fixing this. I hope that legal aid can assist with this.

First thing to do is to tell Social Security to stop sending money to that bank account.
  #3  
Old 11-23-2005, 02:13 PM
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Join Date: Oct 2000
Location: Bokchito, Oklahoma, USA
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Thank you for agreeing with me with this! I have already cancelled the direct deposit. Yes, I do hope that the lawyer will do his best on this matter. It just makes me wonder how other people that this has happened to?
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  #4  
Old 11-23-2005, 05:52 PM
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This is the first time I have ever heard of such a thing as you describe. Please let me know how this works out.
  #5  
Old 11-24-2005, 05:31 AM
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Join Date: Sep 2004
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Smile

Social Security IS Garnishable for CC Debt


I live in New York State. I had the same thing happen to me. A freeze was put on my checking account where my Social security checks were direct deposited & the only funds in my account. I called the Collection Agency, & they told me to fax the last 3 months bank statements & they would lift the freeze. I did as they instructed & they lifted the freeze on my account. It's worth a phone call. Good luck.
  #6  
Old 11-24-2005, 05:39 AM
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Join Date: Oct 2000
Location: Bokchito, Oklahoma, USA
Posts: 59
I faxed a copy of my bank statements and then turned around and gave them to the judge and the collections lawyer in court and they still denied the exemption. I really appreciate your comment though. I do have an attorney, it just blows my mind that a judge would disregard the law like he did.

But then again, in my county I shouldn't be suprised.

Thank you and Happy Thanksgiving!
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