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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A hearing under subsection (b)(5) shall be provided prior to

Customer Question

A hearing under subsection (b)(5) shall be provided prior to issuance of a garnishment order how do i file a petition for a hearing? is their a form?
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.

JD 1992 :

Did you file an Application for Garnishment already? If not, what has been filed?

Customer :

no what is happening is prior to sept 2012 i had recieved several notices from ssa in mail claiming i had recieved overpayment of ssa disability payments so i met with ssa rep in sept and discussed case i agreed to pay 100 dollars a month i would pay back money.........the ssa rep told me just to go home and wait for bill and pay bill when you recieve i was not sure why bill did not show up right away but i knew that had my address from prior letters and rep was not specific as to how long it would be before i recieved my first bill.........anyway contacting them requires at least 1 hour of hold time i did not have the time to wait on hold reguardless i recieved a bill jan which i payed and then a week later i recieved a letter claiming they were going to garnish my wages......when i called even the supervisor was rude claiming they did not have my address

Customer :

/also he said any normal person would have tryed harded to find where bills were the point is they had my address prior to sept then lost my address for 3 months and then found it again in jan?

Customer :

i think they get a kickback when they garnish someone and sending bills to the wrong address for 3 months can easily blame the customer for nonpayment ............i believe they are lying and set me up

Customer :

they accepted my payment without question also my agreement signrd in sept has my current address also the bill they sent me claimed 100 due no late fee or indication that it was not my first bill should have been for 400 if i was 3 months late?

Customer :

so can i file a request for hearing to stop garnishment?

Expert:  Dwayne B. replied 4 years ago.
What rule were you quoting from earlier?
Customer: replied 4 years ago.



Codes and Statutes

US Code

Title 31

Subtitle III

Chapter 37

Subchapter II

Section 3720D


31 U.S.C. § 3720D : US Code - Section 3720D: Garnishment

Search 31 U.S.C. § 3720D : US Code - Section 3720D: Garnishment

Customer: replied 4 years ago.

the SSA had this law listed on the top of their letter claiming right to garnish my wages

31 U.S.C. § 3720D : US Code - Section 3720D: Garnishment

Search 31 U.S.C. § 3720D : US Code - Section 3720D: Garnishment

Customer: replied 4 years ago.
Hello thanks for continuing with trying to help I’m sorry if my questions are not very clear let me try again to explain my situation............1. I received at my home from social security admin a letter claiming they had overpaid me disability payments.....2. Second I scheduled a meeting with social security admin to discuss overpayment and set up a repayment schedule (which I did and signed agreement to pay x dollars every month) 3. Waiting for bill statement to come in mail...3 months passed finally received bill from social security admin in January and paid in same day.....4 received letter from social security dept demanding garnishment of wages...5 called social security admin asking why they were garnishing my wages while I had an agreement to repay monthly.6 they claim that because I did not make any payment on agreement for last 3 months..7 when I explained that I had only just received my first payment request in Jan they were very rude and made the claim that they did not have my current address in sep (which is a lie because it was a letter I received from them in august that had me set up the repayment in sep)then they went on to say they sent OCT,NOV bills to wrong address but somehow found my correct address in December when I questioned them on how they determined I was at fault considering they were the ones who mailed the bills to the wrong address they very rudely said to me any NORMAL person would have been on the phone constantly trying to locate their bill unfortunately there is always an hour or more on hold to get through to them and I did not have time I tried several times but could not wait.....point is they had my address in AUGUST they "lost" it in SEPTEMBER,OCTOBER,NOVEMBER. THEY "found " it in DECEMBER.............and blamed me for not paying the bills I never received.........I believe they receive some type of kickback for collecting by garnishment and they are unconcerned about moral or ethical business practices.....and because they are a huge government dept they have no fear of consequences to their actions..........
And so I was asking was their anything I could do to stop them maybe a petition for a hearing?
Thanks for taking the time to read this and I appreciate any advise you might have………
Customer: replied 4 years ago.

Hello again I thought it might be worth mentioning that the bill I received finally on Jan 14 did not mention anything about missing any payments! It says amount due..100.00 due by Jan 30 if not received by Jan 30 call and let us know when to expect payment......i Assume they would be requesting 400.00 if my repayment agreement was effective in September but the copy of agreement I have has no effective beginning date says amount to be paid signed with my current address on form.i was only told to wait for bill to come in mail and pay when received! Was not until Jan 23 that I received the letter demanding payment by garnishment

Expert:  Ely replied 4 years ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a slight delay between your follow ups and my replies as I reply.

Can you please tell me what part of the SSA have you been dealing with? It is important for me to know which part of the SSA this is coming from, so as to ascertain what appeal/hearing options you have. For example, the notices, do they state, "Office of... [something]?" Or, is it simply from the Social Security Administration, period?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.