Social Security during SOL time.........

[magyar123]

In August 2005 I became delinquent on my Cingular Wireless bill. They sent it to a collection outfit, who as of this date November 8, 2007 have not hassled me yet. Guess the amount is too small for them to take any action, $187.
In early 2006 I became disabled and only receiving Social Security. While the SOL on this debt would end in 2009 - 4 years here in California, could I basically tell the collector to go jump into shark infested waters if they contact me now about the debt since they can not go after SS payments?

[treehugger1]

Unfortunately, if they go on to pursue a judgment and then on to garnish or levy your bank accounts, I believe the burden of proof with regards to exempt money is left up to you. I've read of many situtations where even though the money in a bank account is "exempt," the burden of prrof is on your shoulders, not the garnishee (your bank or employer.) Check your state laws.

[HHM]

Correct, the burden of proof is on the debtor to demonstrate that the funds are exempt. What happens is, you should be served with the writ of garnishment, and on the writ, the procedure for claiming exemptions is usually explained. So yes, they can clean out your bank account, and you will have to go in and claim the exemption.

[jp2861]

I had a delinquent with TMobile for $238. I got 2 letters in 2004, 1 in 2005 and 1 last month. All from 3 different CA's. The third one listed in their letter that they would settle for $95. If I wasn't filing I'd offer them $50 and see what happened. For something so small you may want to just settle and get it off your back. It's better than risking them taking the full amount, plus fees, from your checking account. That's if you don't plan on filing.

[genseeker]

To best protect your disability funds, make sure they are deposited into a bank account that ONLY receives the disability funds. If the account the funds are going into right now has ever had ANYTHING else deposited into it, then open a new account specifically for the disability payments. Then, even if the account gets levied, you can easily show the funds are exempt.

[jp2861]

To best protect your disability funds, make sure they are deposited into a bank account that ONLY receives the disability funds. If the account the funds are going into right now has ever had ANYTHING else deposited into it, then open a new account specifically for the disability payments. Then, even if the account gets levied, you can easily show the funds are exempt.

That's not exactly the smart thing to do, and doesn't protect the funds. Especially if you need that money to pay rent and eat each month. Granted, you may get the money back, but not without some suffering for a month or two or three. The only way to protect exempt monies is to not deposit it. If the OP is really concerned, the wisest thing to do is have SSA send a paper check until the debt is cleared up.

[kenl02]

I agree with JP, i get my disability check in the mail, i dont have a bank account right now, im waiting until all the bnkrptcy stuff is done. if you can, get a friend or family member once a month to their bank and cash it, all they need is their account number. if no one is available when i get my check, i just go to walmart, all you need is your I.D. and they only charge 3$ to cash it.

ken