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ReboundKC: Debt collectors could take your stimulus check

How to get your stimulus check faster
Posted at 5:00 AM, Apr 24, 2020
and last updated 2020-04-27 11:31:27-04

KANSAS CITY, Mo. — When stimulus payments began showing up in bank accounts, most people had one use in mind for the money.

"To pay my bills," Jeanine Levy, a Kansas City resident, said of her plans.

But the money so badly needed could end up in someone else's hands.

It stems from an issue with the $2 trillion coronavirus relief legislation known as the CARES Act.

"Unfortunately Congress didn't include the right language in the bill to make sure debt collectors can't grab this money that people desperately need for food, right out of their bank account," explained Lauren Saunders, Associate Director of the National Consumer Law Center.

Saunders said there are two types of debt that could put you at risk.

The first is if you owe money to a bank where your stimulus check is being deposited. That could be due to overdraft fees or a loan.

"The bank actually might take the money to pay themselves back or for a student loan or auto loan that you owe to your bank," Saunders said.

The second issue comes into play if there's a judgment against you for a debt, whether that be a student loan or a past utility bill.

A creditor can get a garnishment order and seize your bank account to get the funds. In that case, the NCLC recommends hiring an attorney.

However, there are steps you can take if a garnishment order isn't yet in place.

"You should monitor your account, and if you think you have a judgment against you, then you might want to take that money out right away or spend it," Saunders said.

Some states and counties have taken their own actions to protect stimulus payments. For example Jackson County's court halted garnishment orders through May 18.

"But this is a problem all over the country. So we need Treasury to protect these payments when it sends out additional payments, and we need Congress to go back and fix the legislation," Saunders said.

U.S. Senators Josh Hawley (R-Mo.) and Sherrod Brown (D-Ohio) sent a letter to the Treasury Department on April 9, calling for Secretary Mnuchin to protect stimulus checks from private debt collection except if it's for child support payments.

The Washington Post reports attorneys for the department are reviewing whether or not they can stop those seizures.

If you believe your stimulus check was taken to pay debts, contact 41 Action News Investigator Cat Reid at cat.reid@kshb.com.