How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Maverick Your Own Question

Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
16823287
Type Your Bankruptcy Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

I HAVE RECIEVED A LIEN NOTIFICATION . I AM ON SSI DISABILITY

Customer Question

I HAVE RECIEVED A LIEN NOTIFICATION . I AM ON SSI DISABILITY . I OWN NOTHING BUT A CAR . I WANT TO KNOW IF THEY CAN TAKE MY CAR . OR IF THEY CAN GARNISH MY SSI CHECKS . IT IS A CREDIT CARD COMPANY . THEY DID SERVE ME . SO WHAT ARE THEY ABLE TO DO WITH THIS LEIN ? AND DO I NEED TO OR CAN I. STILL CLAIM BANK RUPTCY ?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 5 years ago.

The link below will show you a list of items you can claim as exempt from execution or garnishment in CA. You do not need to file BK to claim the exemptions but you can if you want to get the debt discharged so they do not attempt to collect on your "non-exempt" assests should you have any or win the lotto in the future.

 

http://www.naldp.org/download/exemptions/California%20EXEMPTIONS.pdf

 

Under the State law exemptions, if you do not file BK, you can exempt upto 2500 dollars in equity in one motor vehicle under 704.010. Under 704.080 you can exempt upto $2700 in SS benefits that have been directly deposited in an account.

 

 

JA experts are not permitted to have outside communications with JA customers. However, you may be able to find an attorney in your area to further assist you by going to http://www.martindale.com/.

 

Please click "ACCEPT" so I may get credit for my time. If you have a follow-up question, I would be happy to address it for you at no additional charge.

 

 

 

 

Customer: replied 5 years ago.
YOU SAY 2700.00 THAT IS DEPOSITED DIRECTLY INTO AN ACCOUNT . WHAT DOES THAT MEAN ? PER MONTH . OR WHAT ? PER YEAR . I DONT GET IT . AND THAT MEANS I CAN CLAAIM BK AND AVOID THIS OR WHAT?
Expert:  Maverick replied 5 years ago.

If you do not file BK and just want to claim an exemption, then the law will allow you to claim upto $2700 in SSI in an account as exempt from garnishment. So if they try to garnish the account, say today, and you have $$5700 balance right now, the creditors can garnish $3000. This is assuming that the $5700 got into the account through direct deposit (assuming from the SSA).

In this case, you would fill out an exemption form at the time that they serve you with the writ of garnishment and the form to claim the exemption usually comes with the writ.

 

If you do file BK and choose the federal exemptions instead of the state exemptions, then 100% of your money received from SSA is exempt from garnishment.

 

Customer: replied 5 years ago.
OK THANKS. HERE IS WHAT I AM ASKING ABOUT THE SSI MONEYS . I RECIEVE 1.000.00 A MONTH FROM SSI . SO ARE THEY ABLE TO GET ANY OF MY MONEY . AND IF ITS NOT DIRECT DEPOSITE . DOES THAT CHANGE ANYTHING ?
Expert:  Maverick replied 5 years ago.

If you file BK and claim the federal exemptions then there is no problem, your SSI is safe even if it is not direct deposit and there is not cap in the amount.

 

 

If you decide to not to file BK and thus decide to claim CA State exemptions, the rules require that the SSI must be deposited in to your account by direct deposit. So, if you are not gettting SSI payments through direct deposit, you need to see if you can get that done. Then, you will be able to claim upto $2700 of it exempt. So, lets say that you get 3 direct deposits for $1,000 and do not use any of the money so that now you have $3,000 in the account, the creditors can get $300 of the $3000.

Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience: Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
Maverick and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

OK . THX , SO . UNFORTUNITLY , I NEVER HAVE MORE THAN 1.000.00 IN MY ACCOUNT THEASE DAYS . AND MY CAR IS AND OLDER ONE . MAYBE WORTH 3000.00 IF IM LUCKY . SO THEY CANT GET ANYTHING FROM ME . IF THAT IS CORRECT . THEN THANK YOU FOR YOUR TIME .

Expert:  Maverick replied 5 years ago.
okay.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.