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I am currently recieving SS my age is 71. a collection

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i am currently recieving SS...
i am currently recieving SS my age is 71 . a collection agency is taking me to court to collect 5ooo dollars my only source of income is socisl sectury . i have sent them a letter of exemption and 2 mo.of bank statements now the collection agency denied may claim . i have a hearing Feb 2 2016 what shouid i do?
Submitted: 2 years ago.Category: Consumer Protection Law
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Answered in 14 minutes by:
1/30/2016
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14,010
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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I am sorry to hear this.

Social Security Income (SSI) is exempt to a certain degree.

The relevant statute is here: https://www.law.cornell.edu/cfr/text/31/part-212

So say one receives $1,000 in benefits per month, then 2months are protected under federal law, thereby safeguarding $2,000. The bank can freeze any direct deposits over that amount that remains in one's bank account. The court will hold a hearing to determine if the freeze is valid.

Programs like Social Security (Retirement, Survivor or Disability Insurance) and Veterans Benefits are also exempt from garnishment. This money is automatically protected when you have less than 2 months’ of benefits in your account. If you have more than 2 months, the extra can be frozen – it is still exempt but you have to claim the exemption to get it unfrozen. If you are not sure if your benefits are exempt talk to a lawyer or call your local legal services office.

http://www.lawhelpmn.org/files/1765CC5E-1EC9-4FC4-65EC-957272D8A04E/attachments/B74C73B7-9B0E-42A0-B5A7-9C5364A99AED/c-04-garnishment-and-your-rights.pdf

So it will come down to whether there is more than 2 months worth of benefits in the account.

The relevant statutes are listed below:

https://www.revisor.mn.gov/statutes/?id=571.72

https://www.revisor.mn.gov/statutes/?id=550.37#stat.550.37.4a

http://www.consumerfinance.gov/askcfpb/1157/can-creditor-garnish-my-social-security-benefits-pay-debt.html

http://www.ag.state.mn.us/consumer/publications/Garnishment.asp

There are senior legal clinics that will review legal documents at no charge. Please see:

http://www.mnlegalservices.org/

I would urge you to have them review the account statement and the garnishment to determine if the creditor may access these funds, and to help prepare a presentation for the hearing.

---------------------------------------------------------------------------------------------------- Thank you for using JA. If you have further questions please post here and I will reply. Otherwise kindly rate Positively so the site credits me for assisting you today. Thank you and take care!

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Customer reply replied 2 years ago
I will rate after my court hearing
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 years ago

Thank you kindly.

I hope the hearing went well.

Take care!

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