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Teacher Editor
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i want to know if a debt collector can garnish a social security

Resolved Question:

i want to know if a debt collector can garnish a social security check or a pension check in the state of wiscosnsin, also these people are very rude and when i start to ask them questions they hang up on me with out notice I am 77 and my husband is 81
Submitted: 5 years ago.
Category: General
Expert:  Teacher Editor replied 5 years ago.

Linda Roch :

Hello and welcome! If you have any other questions, please let me know or please click Accept.

Linda Roch :

A debt collector cannot garnish social security unless the debt is for taxes or child support or student loans in certain instances.

Linda Roch :

In Wisconsin, pensions are also exempt from garnishment to the point where you need them to live

Linda Roch :

However, when your pension or social security goes into a bank account, then they can freeze your bank account.

Linda Roch :

You can later try to unfreeze it by telling the court that only social security and/or pension are in the account, but you have to be very careful not to put anything else into those accounts or it will be very hard for the court to distinguish between other funds.

Linda Roch :

In addition, if you have property like a house or car that have any value in them, the creditor can put liens on those pieces of properties and can try to levy the vehicles

Linda Roch :

So while the actual funds you receive from social security and pensions are pretty much safe, property is an issue and so are bank accounts

Customer:

there is nothing else in there. how long can they freeze it for. social security has to be elecrronically put inn this is on a catalog order. part of it was by identity theft. i offered to pay my share and they ignored it i guess. can they do anything if i pay small payments

Customer:

did you get my last question

Linda Roch :

well, it depends

Linda Roch :

Once they freeze it, you have to go to court on the hearing date and explain the situation to get it unfrozen

Linda Roch :

so it may be frozen for weeks or even a month or so

Linda Roch :

If you have an identity theft issue, you should file a police report and that may protect you further as well if they try to collect by proviing it was not your debt

Linda Roch :

then they have to prove that you actually signed for the debt

Linda Roch :

how much do you owe?

Customer:

my part is four hundred all of it is 1500

Linda Roch :

I would say they probably won't freeze your bank accounts for that amount but I can't give you a definite

Customer:

this was done over the phone. no signature on this order

Linda Roch :

Then I think they have a really hard case to prove, most of the time they will just bother you over the phone but not much else will happen

Customer:

thank you so much Linda you may hear from me again

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