[blindlaw] Are Disability Benefits Judgment Proof?
Ray Wayne
RWayne1 at nyc.rr.com
Sun Jan 21 00:51:39 CST 2007
Parnell:
Thanks. Is that part of the Social Security Act? Sorry, I'm not connected
to a legal data base at home, and our law library at work is, shall we say,
limited.
The situation is that someone who has a judgment against a person who
happens to be on SSDI has gotten an order freezing her bank account. She is
now moving to vacate that order so that she can have access to her own
money. She has submitted proof that the money in her account is SSDI money.
Assuming it pertains to Social Security benefits, I think what you sent me
should answer the question.
Thanks again.
Ray
----- Original Message -----
From: "Parnell and Kim Diggs" <parnell at sccoast.net>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Saturday, January 20, 2007 5:14 PM
Subject: Re: [blindlaw] Are Disability Benefits Judgment Proof?
> Hello Ray,
>
> Check out 42 USC 407(a). It is a fairly short statute, which reads as
> follows:
> "(a) In general
>
> The right of any person to any future payment under this subchapter shall
> not be transferable or assignable, at law or in equity, and none of the
> moneys paid or payable or rights existing under this subchapter shall be
> subject to execution, levy, attachment, garnishment, or other legal
process,
> or to the operation of any bankruptcy or insolvency law."
> Parnell Diggs ***************************************************
> Parnell and Kim Diggs
> 8845-B Chandler Dr.
> Surfside Beach, SC 29575
> Ph: 843-215-9056
> Parnell Work: 843-692-3074
> Fax: 843-215-4928
> ----- Original Message -----
> From: "Ray Wayne" <RWayne1 at nyc.rr.com>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Saturday, January 20, 2007 2:03 AM
> Subject: [blindlaw] Are Disability Benefits Judgment Proof?
>
>
> Does anyone know of any statutory or regulatory provision addressing
whether
> SSI or SSDI benefits can be attached or otherwise reached by anyone who
has
> obtained a judgment against the person receiving these benefits? Is this
a
> matter of federal law or state law?
> Thanks.
> Ray Wayne
>
>
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