Submitted by Anonymous on Wed, 12/23/2009 - 13:33
I had a judgment placed against me in 2007. A foreign LLC had a debt collection attorney sue me to get this judgment. I have not been contacted in a long time about this until today. A different company is claiming the account now and they know it's a judgment. They asked me to pay I told them I am on SSDI and that is my only income. He wanted to know how much I got and I told him none of his business. He asked again if I was going to pay and I said no and he said he would mark it as a refusal and said he would "let them know" and hung up.
My check is direct deposited into my bank account. How can I protect this from being taken? Should I put a relative on the account to protect it or should I just close it out and have my check mailed?
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Editor's Response
My understanding (I'm not an expert on SSDI or garnishment) is that SSDI payments are exempt. But once you put the money in a bank account, it is just like any other type of money, and creditors can take action that will effectively freeze the account until you can get to court and prove that the money is from an exempt source (SSDI). So, yes, if I were in your shoes, and there was any possibility that someone could attempt to collect a legitimate and non time-barred judgement, I would get the check delivered to my home and keep it out of the bank. If that is not an option (as the Government moves toward electronic deposits), then don't commingle benefits with other income. For more information or to post a question, visit our Massachusetts Disability Discussion Forum.
UPDATE re garnishment of SSDI and other benefits
Follow this link to a post that discusses an update re garnishment of SSDI and other federal benefits.