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  1. #1
    Join Date
    Oct 2013
    Posts
    3

    Default Garnishment of a Bank Acount by AAFES

    My question involves collection proceedings in the State of: SC
    I found this in reference to a post that was answered by Adjuster Jack. Please don't be offended by this Jack, as you and I have had a few question and answers as you where right:

    As for AAFES taking funds from your bank account (namely SSA) according to this they CAN NOT!
    From ssa.gov

    Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:

    *Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;

    *Section 6334 © of the Internal Revenue Code (26 U.S.C. 6334 ©) allows benefits to be garnished to collect unpaid Federal taxes;

    *Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;

    *The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and

    *The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.

    The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act only as long as they are identifiable as Social Security benefits. This applies to money in a bank account where the only payments into the account are from direct deposit of Social Security benefits.

    NOTE: Supplemental Security Income payments cannot be levied or garnished.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Aafes and Debt Collectors and Adjuster Jack

    did you post under a different name somewhere? You have one thread which nobody posted to.


    http://www.expertlaw.com/forums/showthread.php?t=166296

    and there is nothing in that thread about the funds in the bank being sourced from SSA.

    unless you were referring to some other thread that you have not posted it. If so, please link it. jack has proven himself to be pretty dependable. While he may be wrong (aren't we all at some time) it may also be you that misunderstood what was said and without linking the thread, all we see is you claiming you are right and he is wrong. Give him a chance to see what you are talking about.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Aafes and Debt Collectors and Adjuster Jack

    It's quite possible that adjusterjack was correct in context. The fact that a law that is applicable 99% of the time has exceptions doesn't mean that an answer is wrong when it doesn't list those exceptions in threads to which they're irrelevant.

  4. #4
    Join Date
    Oct 2013
    Posts
    3

    Default Re: Aafes and Debt Collectors and Adjuster Jack

    Yes, I did do that and your right I didn't post from which the source is SSA. But does it hold the same for Veterans Benefits? Just wanted to know in that post is do I have a chance to show up in court before they can take any of it or the 25%?

    Then my other question is this, suppose I find out that they did take money out of my account with a court hearing, can I sue and if so, who can I sue?

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