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Some Banks Are Seizing Social Security Payments

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Posted on Jun 1, 2009

As if the American people weren’t hurting enough, some banks have been seizing Social Security, disability, veteran and pension benefits from account holders in order to pay off debts, despite federal regulations protecting such funds. A group of legislators has been pressuring the Treasury Department to close the loophole that allows these heinous acts.

The Wall Street Journal:

A bipartisan group of legislators is pressing the Treasury Department to close a loophole that has allowed banks to seize Social Security and disability benefits from customers’ accounts despite federal rules intended to protect these benefits from creditors.

The loophole also has enabled some banks to seize from customers their recent $250 Economic Recovery Payments, payments to disabled veterans, and supplemental benefits to impoverished individuals from the Social Security Administration.

Federal law says creditors can’t take Social Security, disability, veterans’ and children’s survivor benefits to pay a debt. But the federal law doesn’t say how money deposited directly into bank accounts is to be protected—a gap that has given banks the ability to seize such funds.

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By payment gateway, March 23, 2011 at 8:38 am Link to this comment
(Unregistered commenter)

Banks are tightening their security measures regarding this kind of payments.

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By boggs, June 17, 2009 at 9:19 pm Link to this comment

Well first off Mr. and Mrs. Legislator, why are there loopholes that allow these heinous acts by the banks? Were not these rules and regulations written by you and your pals? Maybe you got too close to the banker while you were writing them,eh? Maybe they offered you more money then the ordinary citizen is able to slip into your pocket!
You are such a shameful bunch in Washington. I’ll bet you don’t want your children to read the newsclips that follow your career.
What a bunch of worms.

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By rockinrobin, June 14, 2009 at 4:32 pm Link to this comment
(Unregistered commenter)

Target & harm for PERSONAL profit & gain; Congress, & Govenors, & county officials & all “elected” officials feel that they have the RIGHT to and even have THINK TANKS on how to FURTHER target & harm the PEOPLE of the USA & now onto GLOBALLY. FAIR trade helps the PEOPLE & the ENVIRONMENT folks; FREE trade is the direct OPPOSITE of that; THIS they claim is the way “democracy” works; it is a CRIME. It is EXPLOITATION; you can TRACE the targeting and killing of folks in Colombia trying to make a decent wage living & benefits to WASHINGTON DC; Oh, Hillary got $800,000 to her “campaign” brought by “Bill” and in less than a MONTH it was CLAIMED the Colombia Trade Agreement had been SIGNED back in 2006; expired in 2008; extended (BIPARTISAN)all members of CONGRESS agreeing on it; until CRIMINALS stop running the USA (it is a ONE PARTY SYSTEM folks with the AGENDA being to TARGET & HARM the PEOPLE of the NATION) and NOW on to GLOBALLY.
Why, they are so interconnected with the CORPS whom they have criminalized; not ONE AGENCY is doing it’s supposed “job”; NOT ONE law protecting the PEOPLE is being followed (they EXPIRED as well!)

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By freepressmyass, June 2, 2009 at 8:23 am Link to this comment
(Unregistered commenter)

No, Bobz.  You miss the point.  Congress,Geitner, and Obama are very aware of the loophole that is screwing people.
It’s just so hard to go against their paymasters.

We’re being ruled by a bunch of dictatorial, greedy, power mad, narcissists.

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By AbuMubarak, June 2, 2009 at 3:53 am Link to this comment

So when a bank (professional money managers) screws up their money, they get a bailout.

But when a person screws up, the very same bank can cut off their life supply?

Capitalism Rocks

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By jacksmithH, June 1, 2009 at 10:45 pm Link to this comment
(Unregistered commenter)

Howard Dean is correct.

“a”(Toothy, Robust)“public health insurance option is more important than bipartisanship, and Democrats should pass health-care legislation that includes the option with 51 votes if necessary.”

“Democrats should have “no intention” of working with Republicans if it’s not the strongest possible legislation that could be passed with a simple majority.” (Howard Dean)

This is what WE THE PEOPLE gave the Democrats all that power to do for ALL of us.

You see, Dr. Dean knows that in medicine and healthcare there is only one acceptable standard. And that standard is the HIGHEST level of EXCELLENCE you can provide for everyone. Nothing less has ever been acceptable in caring for a precious human life. This is one of the unique and difficult aspects of medicine and healthcare.

jacksmith—WORKING CLASS

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By Old Ed Of The Delta, June 1, 2009 at 3:15 pm Link to this comment

The concept of the IRS is that all income is taxable notwithstanding the source wether it came from legal or illegal activities with only a few exceptions. That’s how Al Capone got his comeuppance when he failed to pay his income taxes.

It appears that the banks are following this same train of thought of that of the IRS when it comes to seizing funds from delinquent depositors.

It is written in stone that the financial industry is just “too big” to fail and must be bailed out under any circumstances as they are the underpinning of our society.

The forgiveness of the liability of the toxic assets incurred by these institutions is the “right” thing to do. The management of these institutions should not be personally held accountable for errors in judgement, but instead be compensated for the positions held.

Small depositors with legal liabilities should not be considered on the same playing field with that of major lending institutions that find themselves in financial trouble.

The individual small bank depositor is just “too small” to be saved and doesn’t deserve to be given the consideration as the major players on Wall Street.

If the small depositor does not have sufficient funds to pay for their food, shelter, medical or other necessities of life, is it the responsibility of the financial institution to make this moral judgment?

The banks have the right to levy service charges and other fees on delinquent depositors as banks are in business to protect and make money for their stockholders and are not charitable organizations.

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By Paracelsus, June 1, 2009 at 2:42 pm Link to this comment

<i>Bank of America Corp. froze the accounts of Ellistine and Roosevelt Thompson, a disabled couple in their 60s in Macon, Ga., whose only source of income is from Social Security.

Because the Thompsons had no access to their money, they couldn’t retain a lawyer. Bank of America turned over all the benefits, some of which they set aside for their burial, to a debt collector pursuing a debt from the mid-1990s.

The couple learned from a TV news program that creditors can’t take Social Security benefits. They contacted Georgia Legal Services Program, which last year sued the bank seeking the return of the couples’ money.

A Bank of America spokeswoman declined to comment on the case, saying the court had placed a confidentiality order on it, adding: “Banks are required by law to honor garnishment orders or risk being held in contempt. We freeze accounts because the law says we must when we receive an order to do so.”<i> Ibid—Wall Street Journal

What I don’t understand is how the debt collector could get a legal order on debt that is over 10 years old. Isn’t there a statute of limitations when after 7 years have passed the debt is no longer actionable. That B of A must be accepting “orders” written on toilet paper. I suppose all I have to do is find a rich account holder and declare that I have a “legal order” to B of A, and then let the money roll in.

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By BobZ, June 1, 2009 at 2:36 pm Link to this comment

Congress once again haven’t been doing their jobs in closing these loopholes regarding banks seizing social security benefits for satisfaction of garnishment orders. But the banks don’t need to add insult to injury by piling on the extra fees when balances go negative. Just one more example of how no one is looking out for us average citizens but corporations are taken care of just fine.

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