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
Alex McClure
Alex McClure
Answered
  • Collections Lawyer
  • Lake Mary, FL
  • Licensed in Florida

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.

Jeffrey Schatzman
Jeffrey Schatzman
Answered
  • Collections Lawyer
  • Miami, FL
  • Licensed in Florida

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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