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Can A Bank Garnish Your Wages?


Purple Cow
Rep Points:
Posted on June 25, 2009 at 11:00 pm
To begin with, SSDI cannot be seized by your creditors or debt collectors. In fact any form of benefit income cannot be levied, in whatever state you are in.

R.B.M. (Guest)
Rep Points:
Posted on June 27, 2009 at 12:51 pm
I thank the three of you ALL for your insight... These past few days have been a rollercoaser of anxiety and wondering if another Xanax would calm the nerves or make for an accidental overdose.

The original "DEBT" was due to a bank "GIFTING" me with automatic "OVERDRAFT PROTECTION" (seemingly their way to compete with PayDay Loan Institutions) then when the Student Loan Department actually garnished my Social Security Disability check without any form of advance warning - even though I'd stepped through ALL paperwork to dispose of THAT debt due to permenant and total disability... The end result was a 5 YEAR period of being 300.00 behind at THAT bank... each MONTH - Read as that bank made 3,600 dollars FROM ME every year for 5 years, simply for arranging the digits in an account.

My only way to break free was to close the account - leaving it 300.00 in the RED due to the current O/D "CHARGES"

I am finally now at a point where end of life had me wanting to clean up whatever I could and I voluntarily made the call to the Collection Agency to attempt to negotiate down the sum to half and then propose to pay them 30 dolars a month for 5 months.

Everything began cordial enough until they obtained my routing and account number - at which point I was a "deadbeat" and if I did not have a check on that desk by 2 July (my call to them was on 25 June) that they would strongly suggest to the original "LENDER" to re attempt collections - that my account would be garnished if not frozen. Ending with, "Have a wonderful afternoon".

I then called the Original Bank - explained the situation and they told me that they understood completely - that yes - they had collected enough from me to build an old folks wing on the Banks Retirement Home - if it were still in their hands they would write it off; but since it was in the hands of the collection agency - for pennys on the dollar no dount - I would - unfortunately - have to deal with them.

I have been served with NO PAPERWORK.

If I am called to court - I'd be happy to make the same offer - heck - if ordered - I'd do the entire 300 but I'd have to make it in monthly - affordable payments.

I have consulted my bank - and one person says the account is safe due to it only being SSDI deposits and my daughters name on it too, another there says they can sieze it - but then I can protest it. Neither knew if it had to be court ordered.

Upon a call to an Attorney - he says I'm safe for awhile - as it would be at least 14 days until I would be served with any papers and then another while before a hearing; so I believe that my July SSDI is safe.

Only concern being if since they HAVE the routing and account number if they will try to just go in and take the monies even without any agreements - and here the Attorney said if that goes down - immediately call the Police because that's theft.

Regardless of what's legal - illegal; I think it can be understood that when on a fixxed income - even the loss of 50.00 or having to jump through hoops when in a wheelchair / oxygen; heavy pain killers etc, is darn near impossible.

I don't want to close my account and go back to "PAPER CHECKS" and a trip to walmart each month for Cashing and Money Orders to pay my bills.

Lesson:

In this day and age - attempting to do something right is silly.
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