Saco, ME asked in Bankruptcy for Maine

Q: I'm on ss disability, I took out a signature loan. bankruptcy or singe off?

Would the cort de able to take money from my SS?

Related Topics:
2 Lawyer Answers
Nels Hansen
Nels Hansen
Answered
  • Bankruptcy Lawyer
  • Round Rock, TX

A: Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation. A third exemption is federal student loans.

To be on the safe side direct your Social Security to a single bank account and do not deposit any other money in that account. You want to be able to prove the funds in that account are only Social Security benefits. If you have other debts, you may want to contact a local bankruptcy attorney for a consultation. You may not need to file however it cannot hurt to know your options. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.

Edward Chris L'Hommedieu agrees with this answer

Edward Chris L'Hommedieu
Edward Chris L'Hommedieu
Answered
  • Bankruptcy Lawyer
  • Lewiston, ME

A: Generally no.

That said, if you mixed your social security funds with other money, it can make things dangerous.

If you're asking "can they take money from my disability benefits" the answer is almost certainly no. Just assuming you don't have enough to survive on each month, then they can't, which is the case for almost everyone on social security...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.