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Can a SSI check be attached to pay a govt. debt?

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catmandu57 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-10-05 11:29 AM
Original message
Can a SSI check be attached to pay a govt. debt?
I asked this question in another forum, but, maybe someone here knows the answer.
I have old student loans, and my income consists of 579.00 ssi per month, now this lasts if I'm really lucky until the tenth or so of the month.
This last bill collector threatened to attach my ssi, I'm curious if this is possible, since it hasn't been done before.
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sevendogs Donating Member (84 posts) Send PM | Profile | Ignore Thu Feb-10-05 11:52 AM
Response to Original message
1. attaching SSI
I believe that the answer is yes. I would suggest that you go to a social security forum to find a better answer.

But, more importantly, if you are disabled, why do you not go to your student loan lender and get a deferral while you are waiting for a "Permanent and Total Disability" approval? That is a form available from the Student Loan lender. Have them fax or mail it to you, have your doctor sign it, and it will be processed.

It does take time, so try to get a deferral until it is done. The problem will remain with the back interest that you owe. Some may have to be paid, but it can be done at a small amount per month.

Do it right away. My Permanent and Total Disability approval took a few months, but I was deferred while it was in process.
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catmandu57 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-10-05 12:24 PM
Response to Reply #1
2. I found my answer
and it's a great big NO, they can attach ssa benefits over 9,000.00, but not on ssi and not on loans over ten years old. Thanks for the interest in my question, I was so damn depressed this morning now I'm not.
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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-10-05 02:06 PM
Response to Original message
3. That is true even if the Feds get a Judgment against you for the debt
This actually happens quite often, the Feds sues someone on SSI to payback a Student Loan. The lawsuit is filed and a Judgment is entered (For it is clear that the person owes the money). The problem is once the Judgment is entered it just sits on the Court Docket. Your Local Federal Attorney has been told by Congress to brings such lawsuits and to get the Judgment. Congress has also clearly exempted SSI from Attachments. I have had two clients come into my door with a Lawsuit filed by the Local Federal Attorney for unpaid student loans while they are in Handicap housing and on SSI. Judgment was entered but nothing happen beyond that. So do not be surprised if you receive a Lawsuit in the mail from the US Attorney a few months of years from now.

Why does this happen? First Congressmen tell people who want lower taxes that Congress has FORCED The Federal Attorneys to sue "deadbeats" who have not paid their Student loans, and thus lower people's taxes by forcing such "deadbeats" to pay their student loans. The same Congressmen than tell Seniors that SSI and Social Security can not be attached for ANY REASON (Except for Child Support and that only applies to Social Security NOT SSI).

So you have these useless lawsuits involving SSI recipients. See what you can expect in the future....
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