Debt Collection & Anti-Assignment Protection
Resources in this Category
ALL Court Decisions Secondary Sources Other
Title  | Date | ||
|---|---|---|---|
 | 42 U.S.C. 407 Anti-Assignment Clause of Social Security Act | 11/10/2005 | |
| | Effect of Defaulted Student Loans on Return to Work Efforts (Cornell Policy and Practice Brief) | 8/25/2003 | |
| Final Regulations on Administrative Wage Garnishment, 68 Fed. Reg. 74177 ( 12/23/03) | 2/18/2004 | ||
| Final Regulations on Cross-Program Recovery of Overpayments, 70 Fed.Reg.16111 (3/30/2005) Cross-program recoupment | 6/28/2005 | ||
| GN 02201.040 Collection of Title II/Title XVI Overpayments by Administrative Wage Garnishment (AWG) | 8/22/2006 | ||
 | Marengo v. First Massachusetts Bank, N.A., 152 F.Supp.2d 92 (D.Mass. 2001) SSA, 207(a), 1631(d)(1), 42 USCA 407(a), 1383(d)(1) Extra-judicial attempts by bank to reach social security benefits may violate Social Security Act's anti-assignment provision where the procedure used is unduly coercive. | 3/1/2002 | |
| | OIG Congressional Responce Report: SSA Payments Sent to Payday Loans Co | 8/22/2008 | |
| | Walrond-Rogers v. ECMC, Sallie Mae Decision from the U.S. Bankruptcy Court for the District of MA (Eastern Division). The court held that the debtor can claim "undue hardship" asking to discharge her student loan debts where the debtor was a mother who cared for her seriously ill, impaired child and whose only source of reliable income were SSDI benefits she received for her child. The court applied the "totality of the circumstances" test in determining whether excepting the debtor's loans from discharge would constitute an undue hardship. | 7/21/2008 | |
| Washington State Dept. of Social and Health Services v. Guardianship of Keffeler, 01-1420 (Decided 4/25/03) | 11/10/2005 | ||
| | When Your Social Security Benefits Are Taken to Pay Back Money to the Federal Government Fact Sheet on Administrative Offset by National Consumer Law Center | ||
