social security checks

[rebel251]

What is the name of your state (only U.S. law)? new hampshire

a creditor called me on 12/16/08 and informed me that if i did not come up with some sort of payment they were going to take me to litigation. can they freeze my checking account that only my social security check goes in. She also told me that they have sent me letters, which i told her i did not receive any of them. she was also pressureing me to give her an alternate phone number(that i don't have). I am trying to get free legal assistance to file a chapter 7 bankruptsy. should i tell her this? She also stated that she knew i had a vehicle that I am paying on, can they take my car before a judgement is awarded. Lost in new hampshire

 

[BL]

They could possibly freeze your bank account , then you would have to go through the trouble of having it unfroze .

The head it off get their name(s) and address , with the account # , and send them a letter that your only income is SSA and that is the only monies that go and are in your account ( provide a copy of the back statement if need be to prove it ) , and it is exempt from seizers .

Send it RRR Certified mail , keeping copies and proof it was received by them .

If they call again tell them on the phone , get their names - address - account # - and tell them the same , and that you will formally be following up w/ a letter and proof .

Can Social Security benefits be garnished to pay a debt? Answer
Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:
Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;
Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be garnished to collect unpaid Federal taxes;
Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.
The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act only as long as they are identifiable as Social Security benefits. This applies to money in a bank account where the only payments into the account are from direct deposit of Social Security benefits.
NOTE: Supplemental Security Income payments cannot be levied or garnished.

__________

As far as personal property , this is a guide , I don't know your State's specifics .

Personal Property: One motor vehicle up to $1,200. Household furnishings and goods, clothing, appliances, books, animals, crops, musical instruments up to $2,500. Cash up to $1,000 in lieu of homestead or burial lot, Jewelry up to $500. Health aids. One burial plot, as an alternative to the homestead exemption.

Tools of Trade: Tools and implements up to $750.

Miscellaneous: Business partnership property. Alimony. Child support.

Wages: None.

Public Benefits: Unemployment compensation. Social Security. Public assistance. Crime victim's compensation.

Wild Card: None.