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ABROWN | My husband has a medical bill in collection. Can they garnish his social security disability to pay the debt? |
We have tried to come to an agreement with them but they are not trying to help us. Can they take his disability to pay it back? |
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Namaste
|
Have you been served with legal papers yet?
They cannot just garnish. You have to be served legal documents and they have to get a judgment against you first.
Tell the collection agency you would like any and all further correspondence to be in writing.
I don't think they can take money from government disability payments, but I'm not 100% certain.
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Sgt Big Red
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NO, it is against the law. They can not touch either SS, SSI, SSDI, or VA comp. Only the IRS can garnish these funds and that would be for overpayments, taxes and back child support.
If they do not want to work with you, then work directly with the original creditor.
Most consumers don't realize it, but this is a common practice, known as balance billing, which often is illegal. When doctors or hospitals think an insurer has reimbursed too little, state and federal laws generally bar the medical providers from pressuring patients to pay the difference. Instead, doctors and hospitals should be wrangling directly with insurers.
Balance billing most frequently occurs when medical providers participating in a managed-care network believe the plan's insurer is imposing too deep a discount on medical bills or is taking too long to pay. California, New Jersey and 45 other states ban in-network providers from billing insured patients beyond co-payments or co-insurance required by the plan. Similarly, federal law prohibits providers from billing Medicare patients for unpaid balances.
These laws require medical providers to seek payment only from the insurer for services covered by the plan. Many states also shield insured patients from balance billing by out-of-network hospitals and doctors in emergencies, since patients usually don't control who treats them in those situations. (Bans on balance billing generally don't apply when a patient gets an elective procedure, such as cosmetic surgery, or seeks out-of-network,
Just make sure you do not mix incomes into the same bank account (that is if you are working). Keep his income separate or have him use direct deposit, this way you and the bank have proof if where his income has come from. |
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nicole b
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I dont think so,
I know in Canada they can't do that. |
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Ann S
 |
No they can NOT. Here is what you need to do:
1) Send a certified letter back to the collection department, on the letter you write
2)I herby advise you to Cease and Desist on this debt. Have your husband sign and date the letter.
3) Keep a copy for your records.
4) If the letters do not stop within 30 days then contact (or you can send a copy of your Original letter) to the Attorney General.
If this company doesn't stop sending the letters or stop the calls with 5 days. Then you have a legal lawsuit.
5) What the company may do is sell it to another collection department. Just copy the letter and send it certified. |
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Reena
|
No - Social Security Benefits are safe from debt collection unless you owe it to the IRS.
So if his SSI goes into his bank account and this is the only thing that is deposited into this account they can't garnish his bank account.
P.S. Collection agency can't garnish your wages... they are only threatening you to pay them. Only the hospital could but it takes a court decision and not just a lot of baloney talk from a collection agency.
Check out your rights under the Fair Debt Collection Act...
and print out certain passages... the next time these scoundrels call you and threaten you with garnishment you can stop them in their tracks and quote them the law.
With any luck "Slimick" will answer your question also. He is an expert on how to handle debt collectors and can explain it way better than I could. |
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ssadviceonline
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NO, Social Security will only garnish a check for child support, alimony or debts owed to other Federal Government Agencies.
However, if you have your check direct deposit to the bank, your check is no longer protected by Social Security laws once it is deposited into the bank. It is possible they can take money from your bank account, including your Social Security check. |
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keiko
 |
This is what a web site says:
Can Social Security Disability benefits be garnished ?
Yes, social security disability benefits can be garnished. However, garnishment can only be carried out in a few specific scenarios. According to the social security administration, SSI benefits cannot be garnished, while social security disability benefits may only be garnished to enforce child and alimony obligations, pay federal tax and debts owed to the IRS, and pay debts owed to federal agencies.
So, if you owe taxes or IRS penalties, you can have your social security disability benefits garnished. If you have alimony or child support obligations, you can be garnished. If you have a delinquent student loan, your SSD benefits can be garnished.
Creditors, however, are not entitled to garnishment provisions for social security disability benefits, so SSD recipients are protected from credit card companies, finance companies, auto lenders, and other lenders.
--------------------------------------...
However, that doesn't mean that they can't try it and get away with it until you or your Representative (lawyer) or the bank stops it.
the report below tells about cases where it has happened
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Captain Feathersword
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Depends on where you live.
Some States and Countries forbid touching disability payments. |
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