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FiveStarLaw
FiveStarLaw, Attorney
Category: Social Security
Satisfied Customers: 36471
Experience:  25 years of experience helping people like you.
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Would like to know how we can protect our social security and

Customer Question

Would like to know how we can protect our social security and VA compensation from garnishments.
Submitted: 8 months ago.
Category: Social Security
Expert:  FiveStarLaw replied 8 months ago.
Hello,

Thank you for your question. My name is Ellen. I will do whatever I can to answer your questions!

Is the garnishment for taxes or child support?
Customer: replied 8 months ago.

No. We voluntarily gave back a vehicle and we are now being harassed for a residual balance that we don't have. The only income we have is ss and va disability. We had to do the repossession due to poor health and don't have the money to pay back the money.

Expert:  FiveStarLaw replied 8 months ago.
Hi Mary Ann,

Thank you for your response. I understand and I have good news for you!

Social Security and VA disability are not subject to garnishment other than for taxes and child support. Both are protected by the law

This means that no action is required for you to protect your Social Security and VA disability income. The lienholder of the vehicle can not lawfully garnish your Social Security or VA disability benefits.

Please let me know if you need any clarification. I would be glad to assist you further if I can
FiveStarLaw, Attorney
Category: Social Security
Satisfied Customers: 36471
Experience: 25 years of experience helping people like you.
FiveStarLaw and other Social Security Specialists are ready to help you
Expert:  FiveStarLaw replied 8 months ago.
Hi Mary Ann,

Thank you very much for the positive rating and the bonus! It has been my pleasure to work with you.

I am here to help. To speak with me again, simply place my name in the first sentence of your new question. If I cannot help you, I can direct you to someone who can.

When you receive your Customer Satisfaction Survey from JustAnswer , please consider providing me a 10 rating. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Ellen
FiveStarLaw
Customer: replied 8 months ago.

Ellen, I forgot to ask you in my first question, what about our checking account? We don't have a savings account just checking. Can't really close it because we have direct deposit and he can't get his VA unless we have direct deposit. Sorry to ask all these questions, but I am between a rock and hard spot. My husband is gravely ill and I need every penny we have to keep him afloat.

Expert:  FiveStarLaw replied 8 months ago.
Hi Mary Ann,

I'm happy to answer your questions – no need to apologize.

The funds are protected after deposit into the checking account provided you can prove the source to be Social Security or VA.

Best regards,
Ellen
FiveStarLaw
Customer: replied 8 months ago.


Thank you.


 

Customer: replied 8 months ago.

Ellen, I printed out some information off the computer a while back (I got your website from this printout) and it mentioned we had to fill out some paperwork and submit. Do you know where we need to get this paperwork and where we need to submit it or do we need to do nothing being that we are protected from garnishments as previously stated. We are in the State of North Carolina.

Expert:  FiveStarLaw replied 8 months ago.
Hi Mary Ann,

If the creditor files suit and obtains a judgment and then attempts to use the judgment to garnish your wages, typically the court clerk could provide the forms to indicate that the funds in the checking account are exempt from creditor attachment. Nothing is necessary in order to protect your right to receive the Social Security and VA disability from attachment
Customer: replied 8 months ago.


Thank you so much again. This is particularly hard because we are senior citizens and with dealing with health issues too leaves us a little uneasy. If the bank would have worked with us in the beginning we wouldn't of had to give the vehicle back. The gentleman I spoke with on the phone the other day was rude and immediately wanted a credit card and/or a debit card number and of course I refused. I guess at this point it is their loss.

Expert:  FiveStarLaw replied 8 months ago.
My suggestion would be to not make to any bill collectors at all. Good luck to you
Customer: replied 8 months ago.

Don't understand your answer. Do you mean talk to any bill collectors.

Expert:  FiveStarLaw replied 8 months ago.
So sorry about the typo. Yes - I meant do not talk to any bill collectors.

I hope you have a great Thanksgiving

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