Judgment collection while on RRTA disability?

[formerlsa]

What is the name of your state?What is the name of your state? Massachusetts, I saw on this forum before, that if you are collecting a disability annuity from the government, and this is your sole income that it was against the law for private concerns with court judgments for unpaid debts to be allowed to go into your bank account and confiscate money from you to pay these judgments. My ex-husband went to his bank and asked about this. After about a month they called him and told him that their legal department investigated and found no such law and that they could not prevent any judgments from being collected on his account. Understandably, he is upset about this as he is totally and permanently disabled from all work by the Railroad Retirement Board, as he is an ex-railroad worker and is prevented from any work as this would cause him to lose his benefits. Therefore it seems unfair to me that this could be allowed as he isn't working and can't make up the lost income as other people can who are working. Can somebody with expertise on this type of matter advise me as to what law this person before was referring to, and if there is no such law what my ex can do to protect his bank account,and rectify the judgments against him due to his new limited fiscal situation. This could possibly impact my children's child support as he may be forced to petition the court to lower his monthly payment if they start collecting on his debts. Thanks

 

[acmb05]

I am also on disibility

The law states they cannot garnich your disibility check. However the moment you deposit that check into an account it is no longer a ssi check so your account can be attached for payment.

My father in law owed almost 5000 in back child support fromthe 1970's early 80's and when I took him to the VA to get his disibility from the military he was told they could not attach his check. Someone informed the child support office that he was receiving a lump sum payment and was opening a bank account with the check on the day before he was to go to court to claim he did not have the money to pay the back support. While he was in court waiting to go before the judge the child support enforcement was down the hall getting a garnishment on his account. They then informed him in the court room what they had done and by the time he got back to the bank to try and get his money out his account was frozen. They took the whole 4000 he had deposited in that account the day before.

 

[BL]

It on the SSA site look up garnish ..

While the Last poster is correct , if the recipient cashes the checks , and deposits them in the back , that money can be seized , HOWEVER if the money is identifiable ( IE: direct deposit ) it can not be seize only SSDI under certain Circumstances , SSI identifiable CAN - NOT be .

Usually you are notified of the freeze and have X amount of days to dispute it .

 

[formerlsa]

thank you

thanks, He called the bank, they called him back after 2 weeks of research with their attorneys and they said they could NOT find such a law............that they could garnish his bank account. I do understand that CS and the IRS are different but he had something from an old lease( a judgement) when we got divorced and I thought he had a repossession, but they haven't taken it to court and on his credit report it is a charge off. Citizans Bank said they know of nothing that would prevent this and his disability checks are direct deposit identifiable.......thanks....... not sure what to do next........

 

[BL]

I once helped a Vet with a froze account .

He went to the VA. and they gave him a copy of the Law .

Is there a person to ask at the RR Board ?

He might try writing your congress representative , to see if they can research it for him .