(REMASTERED) Q&A: Social Security Disability Today, Special.Garnishments

0:26 Good day everyone, and welcome to another edition of Q and A Social Security Disability Today Special edition. I want to thank you, as always for asking me questions. This is the first time during the course of my show, I've actually had two special requests for special shows this past This past week, I did a show on heart conditions and excuse me a couple of days ago I didn't want And then I had another question that was posed to me that they would ask ask me to talk about in detail, and that has to deal with garnishments. Okay, let's go ahead and break this thing down course accordingly.

1:02 What is the garnishment? A garnishment is an action that's taken where there is presumably a legal debt that's owed by an individual, and the owner of that debt takes particular action against the debtor. Meaning you have two people, creditor and a debtor. The creditor takes an action, a legal action, typically we'll call it a garnishment order against the debtor, in order to have their benefits involuntarily removed in order to satisfy that debt. So here's a nice way, and this usually happens more. You see this lot in employment action. So let's say you got a credit card company and you owe like five thousand dollars in your credit card. You ain't paid that thing since creation. So what they do is they file a suit against you,

1:47 they get a judgment against you, then they take that judgment and they get they file an issue. They basically file for a garnishment order against you. So this way they can notify your employment the employer that there is a garnishment order they have in effect. So that then what the employer does is every month when they pay you, they take out a portion of your money per month to satisfy that debt. Now, this comes up a lot in social security context where you have people who ask the magical question, and I want to thank the person.

2:17 I don't know if it's male or female, because the name is the name that could be male or female. I want to thank the individual who provided me a very nice question with regards to this. Let me tell you, I can give you the answers to a lot of this very short, succinctly. First and foremost, if you have any questions about whether there's something that could be garnished, I always tell people go to Social Security first. That's your best resource. I know you probably think they're the enemy, but they really are your best resource. Let's kind of break it down. I can break it down into three particular categories. Okay, I actually they freeze that. Four simple answers to your question. First, is your benefits potentially subjected

2:56 to garnishment if it's titled two, which is where you pay aid into the system? Yes, Title sixteen. Probably not, most benefits under most benefits received under Title sixteen are probably not going to be subjected to garnishment. Okay. Second of all, forty two USC. Four oh seven, I remember correctly, make sure I got the number right, yep. Forty two United States Code four oh seven specifically prohibits. Basically says that none of the money's paid or payable, or rights existing under this subchepter shall be subject to execution, levy, attachment, garnishment, or other legal process. Here's the nice thing that you need to be aware in the grander scheme of things that I said. First, if your title to yes, your

3:42 benefits may be subjected to garnishment. Ultimately, what you need to know is that that garnishment is typically only going to be as it relates to particular categories. Federal debt, child support, and alimone pretty much everything else. Garnishment is probably not going to be an optor what am I basically telling you? For purposes of what I'm telling you, now, if you have titled to you, it's subjected to garnishment.

4:08 That garnishment is going to probably be limited to only federal debt, and that could be federal taxes or other federal debt like federal student loans, child support, and alimony. Other than that, your social security should be safe from garnishment from private creditors. Now, I had a very interesting proposition that was posed to me where an individual asked a question where I guess the creditor basically said, you're gonna come with me, and we're gonna go down here, and you're going to basically sign your rights over and handle it just like that. Well, if someone tries to swell upon you to try to get you to agree to relinquish your social security rights or soci security benefits, if they're basically threatening you with a garnishment of your benefits,

4:53 tell them to put it in writing. Tell them if they're gonna put their money with their mouth is, tell them to put it in writing. Now stress see what happens, because what probably is going to end up happening is when they go back to speak to their council for their company and they're saying, they keep asking for us put in writing, why are they doing that? Well, the legal council is probably going to say, well, there's a federal statute that basically prohibits garnishments. It's what we call the anti assignment anti garnishment Provision of the Federal Statutes as it relates to Social Security. So they know that the likelihood of getting that it is a most slim to none. So keep that in the back of your

5:26 mind now. Title sixteen is a need based program, which is one of the reasons why it's exempt from a lot of the garnishment provision. That's the first thing. Title two. And please forgive me if I keep going for a second, third, or fourth. But you're following with me, so if you if you get confused, come back. I'll be more happy to clarify for it or clarify it for you later.

5:47 Book the on file today, my man, the government recognizes that there are two brackets where they allow the states to go out child support Alamo Reality is is that most of the child obligations that you accrue, whether it be a religius for child support, either that or you became disabled, So they're going to make sure that that child is going to be compensated as a result of your child support obligation. Obligations alimony as well. So those are pretty much the only two most commonly referred to state applications that you see that's applied to federal debt.

6:24 I got news for you people. If you owe taxes or purpose title to yes, if you have a federal student loan, yes, there are specific provisions in the federal statues that allow them the ability to allow the federal government to get reimburse their money. Most people, at the end of the day, their biggest concern is private creditors, and which is not surprising. We're in a hard economy right now. It's not it's not impossible where you have your debts, We're starting to build up and you start to worry if they're going to go out thter your disability benefits. Now listen carefully, because I believe and legal responsibility.

7:00 Don't run dirty and get you a credit card, run that sucker up, and then say Hey, I ain't got to worry about it. They can't come get it. No way, don't do that, because what you're going to sign is you may put yourself in a position where if they start asking you where your source of income is for paying for when you're signing for the credit cards, and you find your on disability benefits, they may not award you one period if they know that. So I tell you be smart, be fiscally responsible, don't run dirty, because it's just not worth your while. Now, I hope that answered your question. And for those of you who thought I was all over the place, allow me the opportunity to kind of give you a summation facincly, first and foremost,

7:41 other than federal debts, child support, and alimony, the federal government does not permit garnishment of so security disability benefits. So if it's a private creditor, you should be fine. The only debts that are allowed to be garnished are federal debts, and that includes taxes, federal student loans, alimony or child support, and oh kind of as an added aside, they typically don't go for the ROMP shaker. They calculate it down, they'll take a portion of your benefits per month.

8:11 It's not one of those things where they'll snatch the entire benefit in its entirety, so don't freak out with regards to that. So I hope that gives you a little bit at ease. I know this has been kind of hooked on finding the way I broke it down, so please forgive me. I know that this is an area that people are greatly concerned about, So if you need me to go into more clarification, as always, make sure you send me a comment or a question, ask for more detail, and I'll be more than happy to provide a to you. Again. My name is Attorney Anthony Reeves.

8:41 This is your Q and A Social Security disability. Today our special editions our special edition, and today we've been talking about garnishment. Have a wonderful day, everybody. Take care. In fact, this products in the pastors to inspect and extracts