What can a debt collector get out of us?

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A debt collection letter came yesterday and I am wondering what they can get out of us. We get by only on social security (husband only, as I’m only 61) and have no car, no bank account, no employment, and don’t own a house. Can they attach my husband’s $ 754 he gets every month? We don’t have much and nothing of value to take.

  1. Reply
    BIll Q
    July 21, 2011 at 2:07 am

    Generally, Social Security benefits are exempt from attachment. garnishment, or other legal process. See the links.

  2. Reply
    July 21, 2011 at 2:35 am

    Only the government can take government money away
    ^^^ Read that about 5 times.
    They cannot touch your ss money.

    But…. do not keep it in the checking account too long.
    After a few days (forgot), it becomes “normal” money again.
    Google all this – so you can get the number of days – I think its a week.

    Eventually they will take you to court.
    But… there is nothing – they can take from you.
    They will only go after cash asetts.
    In many states – like mine – they can’t even touch 401K plans and tax-deductible IRA’s.

  3. Reply
    July 21, 2011 at 3:26 am

    when ever they called you they are going to star asking so many question. about you and your husband. think before you answer. it depneds on the company because 4 years ago they got my dads ss# and got him into my collections.. that was a big deal and mess… the best thing you can do is tell them.. i owe you 100 dlls. i can only give you 50.. try to settle your account by something smaller.

    hope it helps.

  4. Reply
    July 21, 2011 at 3:41 am


  5. Reply
    July 21, 2011 at 4:41 am

    From what you’ve posted, You are most likely judgment proof,, If the creditor were to sue you, You would need to appear in court,, offer proof to the court that you have no assets and SS is your only income and the judge would dismiss since you have no assets to entwine …


  6. Reply
    July 21, 2011 at 5:14 am

    Social Security funds cannot be garnished for consumer debt. Likewise, a bank account that only has Social Security funds in it is exempt. But if any other funds are mingled in that account, the entire account is fair game.

    Since you are in effect “judgment proof”, you could sent the collection agency a certified, return receipt letter telling them to cease all contact, if they start to bug you. They have to stop but will probably sell the debt off to another collection agency. You would have to send a cease letter to the new collection agency.

  7. Reply
    My Take on It
    July 21, 2011 at 6:08 am

    No, they cannot
    And since you do not have a bank account, attaching a bank account to get the money won’t work either.
    You are pretty much judgment proof.

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