Miami, FL asked in Collections for Florida

Q: Hi a debt collection called me I don't pay them they threaten me to take my social security check and take me to

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2 Lawyer Answers

A: They cant take your social security. See a consumer protection attorney if you wish. Document all calls from the collector (date, time, name, what was discussed) and save all letters and other correspondence.

Hope this helps.

A: Generally, until a creditor (other than the IRS or some other government agencies) has a judgment, they cannot garnish or take your Social Security or any other funds from you. This appears to be a threat from a collection agency or collection attorney who may not yet have a judgment. If they don't have a judgment, they may try to sue you, but your Social Security will be protected and is exempt from creditors under federal law even if they get a judgment.

You should consult an attorney if you are sued or if someone tries to garnish your Social Security payments.

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