another question about checking acct...m

[graciebeth]

background in case no one remembers me.. I and my husband filed in '01, then 3 months later he was diagnosed with pancreas cancer, he died in '03. in '06 I had open heart sugery(all the while raising our 3 kids) and have been in the hospital 4 times in the past years, the most recent being this past Feb and it was a really scary experience and could have killed me(bleeding internally) I stopped working to get back on TNCare and am currently living(haha barely but getting by ok) on the social security money and only paying the basic necessities,not paying any credit cards(totally around $11,000) or medical bills(around $35,000).. going to be filing next year unless I win the lottery or something(and I never play so that likely wont happen)

Im still nervous about having the social security checks being automatic deposited into my checking, Im going next month to change back over to paper checks coming in the mail..Im afraid a credit card co. or collections will go after my checking acct but it makes me nervous to be totally on cash and carrying cash around. what I want to know is if I change banks and have the social security be automatic deposit would the creditors/collections know I have a new acct and go after that one? how would they know?

and another question, me and my husband file in the summer of '01, so do I need to wait til summer next year? or can I say go file in Jan? makes me nervous waiting a whole year(actually a bit more) from the last payment to the CCs before filling, I know they cant touch the SS money,but it still makes me nervous.. the phone calls were getting bad from WaMU, they were calling 5-6 times a day and I just saved the # in my phone and assigned it to "silent" for the ringer so it wouldnt even ring when they called, they only call about once a day now tho but now I have someone else calling(not sure who it is,but lots of background noise in the voicemails so Im pretty sure its a collections agency) I just choose to no speak to them because I dont want to hear what they have to say,and they dont want to hear what I have to say especially being that I cannot give them any $ ya know..

anyway.
-grace

[keepmine]

It's 8 years between filing dates.

[PoorGrammyinBK7]

Is it still 8 years since she filed under the old law?

So sorry for your loss graciebeth, and your health problems - sounds like you have been through way too much in the last few years.

Where in E TN are you from?

[WhatMoney]

Im still nervous about having the social security checks being automatic deposited into my checking, Im going next month to change back over to paper checks coming in the mail..Im afraid a credit card co. or collections will go after my checking acct but it makes me nervous to be totally on cash and carrying cash around. what I want to know is if I change banks and have the social security be automatic deposit would the creditors/collections know I have a new acct and go after that one? how would they know?

Well first you need to be sued and have a judgment entered against you before anything can happen to your checking account. After you are sued and lose you need to worry about your checking account.

You can change banks for direct deposit, but it may be easy to find out your new bank. If the bank checks one of your credit reports or checks you in Chexsystems before opening your account, any creditor attorney with a judgment against you can see these inquiries and will know where to look for your account. There is also another bank monitoring service banks use that will give your bank away - I forget the name. The only way to be sure your new bank has not shown up is to order copies of all these reports after you open the new account. You could also ask the bank, but I wouldn't trust them.

You will at least slow a collector down, who armed with a judgment is hunting for your checking account, by opening a new checking account in another state. Preferably a state that has State laws providing additional protection against seizure of social security deposits. California for example... A small bank that specializes in internet banking is what you would look for.

[keepmine]

Is it still 8 years since she filed under the old law?

Yep.

[graciebeth]

so what are you trying to say that I have to wait til summer of next year to file,or that I cant file til 2010? we filed in the summer of 2001..

Im in between Knoxville and Chattanooga by the way.

believe me Id rather not file again,but really backed into a corner and dont know what to do . I go back to work I loose the TNCare and even if I could manage to find a job with insurance they'd not want me because of the heart surgery(im on a blood thinner too so have to do bloodwork once a month at the minimum,sometimes its weekly and ive been in the hospital 4 times in just over 2 years..) but really around here lately you'd be lucky to find a job much less a full time with insurance one things all over are closing down.. Im on the waiting list to take office classes at the local tech school,but there is a 9 month wait on that thinking that going to school is the only way I will be able to make it better..

And yeah while Ive been told that they wouldnt go after my checking until after going to court and my loosing, Ive heard of the few cases where checking accts have been seized up and I cannot afford that to happen, after paying bills I only have about $120 a week that is sometimes hard to stretch with the 3 kids and thats for gas/dogfood/household stuff/ extra groceries when the little bit of foodstamps runs out---I get $140 a month--)anything the kids need or any car maintence etc etc.. hard hard hard..but we are managing and I know there are others worse off

--Grace

[keepmine]

It's 8 years from the last time you filed Chapter 7.

[magyar123]

There was a thread a few weeks ago about SSA contracting with a bank to issue SS recipients an ATM/Debit card which would be loaded with the monthly benefits. No bank account, no checks, just a debit card. Look into this way of getting your SS benefits.

[BKParalegal]

For the most part, you are untouchable while on Social Security. The only people who can legally touch that money is the IRS. As it was mentioned in previous posts, your creditors have to sue you and get a judgment before they can levy your account. By going to your bank(most banks) and giving them a copy of your SS letter, they will classify your account unleviable by anyone except the IRS. You can be proactive and send a letter with a copy of your SS award to all your creditors. It might not stop all of them, but I bet a few will go away. When you get closer to getting a job and getting back on your feet(as well as, waiting the 8 years, so the summer of 09 is when you can file) then consider BK. Lastly, and no disrepect, but the word is "losing" not "loosing".

Good Luck