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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1905
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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I WAS FORCED INTO BANKRUPTCY BY SOCIAL SECURITY IN 05 BY THEYRE

Customer Question

I WAS FORCED INTO BANKRUPTCY BY SOCIAL SECURITY IN 05 BY THEY'RE JUST NOT PAYING ME MY MONTHLY DISABILITY PAYMENTS. I FILED A CHAPTER 13 OVER JUST $9000.00 OF DEBT BECAUSE I COULD NOT TELL MY DEBTORS EXACTLY WHEN I COULD PAY THEM,AFTER SEVERAL MONTHS OF NOT BEING PAID I FOUND OUT THAT IT WAS A $4000 ERROR IN MY PAYMENTS ,WITHOUT ANY INPUT ON MY PART THEY DECIDED TO JUST STOP MY PAYMENTS .EVENTUALLY WITH THE HELP OF A SS OFFICE WORKER WHO TOOK THE TIME TO LISTEN TO ME AN INVESTIGATE THE SITUATION IT WAS DETERMINED THAT THEY WAS A $4000 ERROR,BUT IT WAS $4000 OWED TO ME THAT THEY HAD WITHHELD FROM MY MONEY. I ENDED MY BANKRUPCY AND PAYED EVERYONE .I AM TIRED OF BEING DENIED CREDIT AND WANT TO FIND OUT IF I CAN SUE THE SOCIAL SECURITY DEPT ANY ADVICE WILL BE HELPFUL
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 5 years ago.
No, there is almost no chance of getting any monetary remedy out of the Social Security Administration for a monetary error which has been corrected.

You got the benefit of getting the creditors off of your back for a time, and avoiding adverse court judgments with horrific amounts of attorney's fees and interest added, by filing the BK in 2005.

The best ways to start rebuilding credit after a BK are to:
1. NEVER be late on ANY payment, including utilities.
2. Get SOME form of credit card, even if it is a bogus "secured" card with a $500 limit based on the $500.00 that they make you deposit into a savings account, and then make monthly purchases and make payments on time EVERY month.

All of my Chapter 7 BK clients have reported getting new offers of credit in the mail starting no later than 3 years after they filed.

Being denied credit is not something you can sue for, unless it is caused by a FALSE report or reports to the credit agencies. Although freedom of contract is a fundamental and Constitutionally-protected right, the specific right to get credit extended is NOT. Like getting peace between two countries, extension of credit requires the permission of BOTH sides.


Hope this helps.

BAB.

Please do not forget to click the green "Accept" button so I can receive credit for my efforts.

Thank you.
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1905
Experience: Twelve years experience in all aspects of debtor & creditor BK.
Brent Blanchard and 5 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
I AM GOING TO RELEASE YOUR FUNDS NOW,BUT YOU DO NOT UNDERSTAND.I AM NOT UPSET ABOUT MY CREDIT SITUATION.THEY WAS NO LEGAL PROBLEMS WITH MY ACCOUNTS OR COURT FEES ETC..THE QUESTION IS IF I CAN GET ANY JUSTICE AGAINST THE GOVERMENTAL AGENCY THAT ABUSED ME FOR NO GOOD REASON,THAT'S THE QUESTION????
Customer: replied 5 years ago.
THIS IS A RIP OFF SITE ,I GOT A STOCK ANSWER ON MY QUESTION AND NOTHING THAT WAS PERSONAL TO ME
Expert:  Brent Blanchard replied 5 years ago.
I strongly suggest that you read the terms of use for this website.

FYI, I was out of town for two days after answering your question.

"IF I CAN GET ANY JUSTICE AGAINST THE GOVERMENTAL AGENCY THAT ABUSED ME FOR NO GOOD REASON." Get a little perspective. There is a HUGE difference between making a mistake and being stubborn about it before eventually correcting the situation, and truly abusing or persecuting someone.

"I AM TIRED OF BEING DENIED CREDIT AND WANT TO FIND OUT IF I CAN SUE THE SOCIAL SECURITY DEPT ANY ADVICE WILL BE HELPFUL"

This sounds a lot different from "I AM NOT UPSET ABOUT MY CREDIT SITUATION." Changing your story like that does little to help your credibility.

Even though it should be clear that we are NOT dealing with a situation where you would enjoy a traditional attorney-client relationship, the answer "You got the benefit of getting the creditors off of your back for a time, and avoiding adverse court judgments with horrific amounts of attorney's fees and interest added, by filing the BK in 2005" sure sounds "personal" to your situation.

"THE QUESTION IS IF I CAN GET ANY JUSTICE AGAINST THE GOVERMENTAL AGENCY THAT ABUSED ME FOR NO GOOD REASON,THAT'S THE QUESTION????" Objection, your honor, asked and answered. See the first line of the answer, "No, there is almost no chance of getting any monetary remedy out of the Social Security Administration for a monetary error which has been corrected." To perhaps make it more clear, even if you had some sort of a CONTRACT with the SSAdministration for those disability payments, you are describing "incidental and consequential damages" which are usually not recoverable under most contracts.

Put another way, there is usually no financial remedy for a governmental agency causing you to go through a situation that was a pain in the the ass. The money wrongfully withheld was eventually paid. What happened in the meantime, as described, did not create recoverable damages.

Thank you for having the honor to pay for the answer received.

Every customer deserves a candid answer. Sorry what you received did not meet your expectations.

Have a nice day.

BAB.

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