Debt collection -- know your rights
Have you been contacted by a debt collector?
Do you receive government benefits?
Know your rights.
A debt collector cannot force you to pay off a debt from any of the following sources of income.
(These protections do not apply to student loan debt, child support arrears, and federal tax arrears.)
Social Security
Supplemental Security Income (SSI)
Social Security Disability Insurance (SSDI)
Veterans’ Benefits
Disability Benefits
Public assistance /TANF Benefits
Unemployment Benefits
Workers’ Compensation
Federal Civil Service Retirement Benefits
Federal Civil Service Survivor Annuities
Railroad Retirement Act Benefits
Limited protections also apply for:
Payments under retirement, pension, and annuity plans
Payments awarded by a court in a civil or criminal case
Alimony, support, or separate maintenance
How do I protect my benefits?
If you are receiving calls from a creditor or debt collector, you should tell them about your protected source of income. You also have the right to tell a debt collector to stop contacting you by phone. (This does not stop them from suing or writing to you.)
If you have been sued, tell the person or company that sued you about your protected source of income. You should also tell the judge.
If the protected funds are being taken from your bank account, you should make sure that your bank knows that the account contains exempt (protected) funds. You can also ask the court to stop the creditor from taking these funds. You will need to make a “Motion for Claim of Exemption.” You can get the form from the court’s Small Claims clerk’s office, or from the court’s Web site: www.dccourts.gov/dccourts/docs/civil/MotionForExemption.pdf.
Does this mean that I don’t owe the money anymore?
No. It simply means that a collector cannot make you pay the debt from certain protected funds. If you have other funds (like employment income), the collector may seek payment from those funds.
Need Help?
For further information about protected funds, visit the court’s Consumer Resource Center, located at 510 4th Street NW, Room 102, on Wednesdays between 9:15 a.m. and noon.
If you are low income and want to consult with a lawyer, contact:
• Legal Aid Society of the District of Columbia: 202-628-1161
• Neighborhood Legal Services Program: 202-269-5100
• AARP Legal Counsel for the Elderly: 202-434-2120 (age 60 and over)
Have you been contacted by a debt collector?
Do you receive government benefits?
Know your rights.
A debt collector cannot force you to pay off a debt from any of the following sources of income.
(These protections do not apply to student loan debt, child support arrears, and federal tax arrears.)
Social Security
Supplemental Security Income (SSI)
Social Security Disability Insurance (SSDI)
Veterans’ Benefits
Disability Benefits
Public assistance /TANF Benefits
Unemployment Benefits
Workers’ Compensation
Federal Civil Service Retirement Benefits
Federal Civil Service Survivor Annuities
Railroad Retirement Act Benefits
Limited protections also apply for:
Payments under retirement, pension, and annuity plans
Payments awarded by a court in a civil or criminal case
Alimony, support, or separate maintenance
How do I protect my benefits?
If you are receiving calls from a creditor or debt collector, you should tell them about your protected source of income. You also have the right to tell a debt collector to stop contacting you by phone. (This does not stop them from suing or writing to you.)
If you have been sued, tell the person or company that sued you about your protected source of income. You should also tell the judge.
If the protected funds are being taken from your bank account, you should make sure that your bank knows that the account contains exempt (protected) funds. You can also ask the court to stop the creditor from taking these funds. You will need to make a “Motion for Claim of Exemption.” You can get the form from the court’s Small Claims clerk’s office, or from the court’s Web site: www.dccourts.gov/dccourts/docs/civil/MotionForExemption.pdf.
Does this mean that I don’t owe the money anymore?
No. It simply means that a collector cannot make you pay the debt from certain protected funds. If you have other funds (like employment income), the collector may seek payment from those funds.
Need Help?
For further information about protected funds, visit the court’s Consumer Resource Center, located at 510 4th Street NW, Room 102, on Wednesdays between 9:15 a.m. and noon.
If you are low income and want to consult with a lawyer, contact:
• Legal Aid Society of the District of Columbia: 202-628-1161
• Neighborhood Legal Services Program: 202-269-5100
• AARP Legal Counsel for the Elderly: 202-434-2120 (age 60 and over)
