Legal Question in Credit and Debt Law in New York

Can Social Security Disability be garnished for non tax debt?

In 1993 I owed NYNEX approximaely $300. In 1996 when I applied for a mortgage, my bank told me that in order to get a mortgage commitment I would have to pay my outstanding debt to NYNEX immediately. I sent a US Post Office MO to the attorney for NYNEX. In 1997 I had an accident and would up on Social Security Disability. My SSD gets directly deposited in my bank account. In 2002, I get a notice from my bank that NYNEX has put a hold on my checking account (only monies in this account are non SSD). I called the attorney's office they claim that they have no record of payment. I don't have the receipt any longer since it was past 6 years. Bank where I had my mortgage has been taken over by another bank. Now, I get a letter saying that the attorney for NYNEX is garnishing a levy against my bank account where the SSD check goes. My minor son also has his check deposited into this account. Do I have any legal recourse?


Asked on 2/26/04, 7:55 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Can Social Security Disability be garnished for non tax debt?

You have several options, but the amount involved is so small that it probably makes more sense for you to pay the debt again...if you don't want to do this you must go to the court where the judgment was entered and see the PRO SE (pronounced "pro say") clerk (he's the clerk who can help persons without lawyers) and file a motion to have the judgment thrown out (vacated) and the case restored to the calendar (where they have to prove you owe the money). It stops the bank stuff and garnishment. You do have to go to court several times...you also were supposed to receive various documens from the attorney who is taking the action against you advising that you have rights with respect to certain types of funds in your account SS, SSD, etc. and there are motions to file if the atty did not send you the docs. Speak to the clerk.

Read more
Answered on 2/27/04, 7:36 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York