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What if your dad just passed away with lots of debt but all the money in his estate is from Social Security Disability is this money exempt from creditor garnishment?
Wiki User
∙ 14y ago
Your father's assets became a part of his estate. His debts must be paid from his estate. You need to file a probate so his creditors have notice of his death. They can then file claims against his estate. His Social Security stipends should have been used to pay his debts.
If the claims become too complicated you should seek legal advice on how to pay them. There is a statutory scheme as to who gets paid first. If the debts aren't paid according to the provisions of the law the people in charge of his assets can be held personally liable.
Wiki User
∙ 14y ago
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Can creditor take social security disability?
no
Can you assign your future social security disability benefits to a creditor?
No
Can your Social Security payments be garnished to pay credit card debt?
No. SS, SSD or SSI benefits are not subject to garnishment for creditor debt.
Can the IRS levy or garnish a Social Security Disability Settlement Check?
Social Security does not allow garnishment of disability benefits by creditors. Any credit card company, business, or individual who has won a judgment against you will never garnish your Social Security disability check.Social Security will allow garnishment of your Social Security disability benefits for current and past due child support or alimony. And the Internal Revenue Service is allowed to garnish Social Security disability and retirement benefits for delinquent taxes.Also, in addition to the IRS, other federal agencies may be allowed to garnish Social Security disability benefits.For instance, if an individual owes student loans that were federally guaranteed their Social Security disability benefit can be garnished.In theory, any money owed to the federal government can conceivably be garnished from Social Security retirement or disability checks.If you receive Supplemental Security Income (SSI) disability benefits, however, no creditor can garnish your benefit, not even the Federal Government. Since SSI is a need based disability benefit, it cannot be garnished.
Does Kansas have a wild card on Social Security garnishment?
It is not necessary to use a state "wild card" exemption to protect any SS benefits. All SS benefits including disability, pension and SSI are exempted under federal laws from creditor attachment. Such exemption only applies to creditor debt, it does not apply to garnishment for child support or in some cases spousal maintenance (alimony).
Can Social Security wages be garnished to pay for a car repossession?
No, all SS benefits are exempt from garnishment or attachment for creditor debt of any sort.
Can senior citizen's Social Security and pension benefits be garnished for non payment of credit card debt?
No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).
Can they credit card companies sue you and take your Social Security Insurance?
A creditor can file a lawsuit against a debtor who has defaulted on a contract. But, all Social Security benefits are exempt under federal law from creditor garnishment. This does not mean that if the creditor sues and receives a judgment against the debtor they will not have other means of executing the judgment to recover the debt owed.
Can a creditor garnish social security in Texas for deficiency after repo?
NO. Social Security income is protected from creditor claims.
In Nevada can a creditor garnish Social Security Disability if they sue you?
No. SSD and SS benefits of all types are 100% exempt from creditor attachment. They are protected by federal and state exemptions/laws.
Does georgia tax social security disability?
Some Social Security Disability beneficiaries have to pay federal income taxes on their Social Security Disability benefits, while others do not.
Is social security disability judgment proof in Missouri?
Social Security Disability and Social Security is judgment proof from debtors in all states.
