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	<title>Comments on: Social Security Benefit Checks are Exempt from Garnishment, but&#8230;.</title>
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	<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/</link>
	<description>Personal Bankruptcy tips and tricks moderated by Atlanta lawyer Jonathan Ginsberg</description>
	<lastBuildDate>Sat, 30 Jan 2010 16:02:17 +0000</lastBuildDate>
	
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		<title>By: Denice</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11897</link>
		<dc:creator>Denice</dc:creator>
		<pubDate>Fri, 22 Jan 2010 20:02:55 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11897</guid>
		<description>&lt;p&gt;@&lt;a href=&quot;#comment-10478&quot; rel=&quot;nofollow&quot;&gt;Annette&lt;/a&gt;: Yes, SSDI can be garnished if you are in default on a Sallie Mae Federal loan. I received a letter a couple of days ago from the Department of the Treasury informing me that 15% of my SSDI check will be garnished to pay my Sallie Mae loan that is in default.&lt;/p&gt;
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		<content:encoded><![CDATA[<p>@<a href="#comment-10478" rel="nofollow">Annette</a>: Yes, SSDI can be garnished if you are in default on a Sallie Mae Federal loan. I received a letter a couple of days ago from the Department of the Treasury informing me that 15% of my SSDI check will be garnished to pay my Sallie Mae loan that is in default.</p>]]></content:encoded>
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		<title>By: Robert</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11878</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Mon, 18 Jan 2010 08:19:36 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11878</guid>
		<description>&lt;p&gt;@&lt;a href=&quot;#comment-11242&quot; rel=&quot;nofollow&quot;&gt;Patrick&lt;/a&gt;: Having them direct depost is the best idea - it leaves a paper trail PROVING it is SSDI which is NOT garnishable either before or after it is paid.  However state laws differ as to what it becomes after x number of months if it sits in there.  So if you have less than 2x your monthly SSDI check in there at any given time it should be safe.&lt;/p&gt;

&lt;p&gt;VA and SSDI are BOTH exempt from garnishment.  Also you may want to think about filing for bankruptcy if the debt can not be paid off in less than 3 to 5 yrs on your current income.  You are going to only dig your self a long rut that will continue if the old bills are going to keep pulling you down.  Many states let you file alone, so that your spouse will not have to file with you.  Check with your state laws to see if your state is one of them.  Michigan I know will let people file without their spouse, while Ohio will not.&lt;/p&gt;
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		<content:encoded><![CDATA[<p>@<a href="#comment-11242" rel="nofollow">Patrick</a>: Having them direct depost is the best idea &#8211; it leaves a paper trail PROVING it is SSDI which is NOT garnishable either before or after it is paid.  However state laws differ as to what it becomes after x number of months if it sits in there.  So if you have less than 2x your monthly SSDI check in there at any given time it should be safe.</p>

<p>VA and SSDI are BOTH exempt from garnishment.  Also you may want to think about filing for bankruptcy if the debt can not be paid off in less than 3 to 5 yrs on your current income.  You are going to only dig your self a long rut that will continue if the old bills are going to keep pulling you down.  Many states let you file alone, so that your spouse will not have to file with you.  Check with your state laws to see if your state is one of them.  Michigan I know will let people file without their spouse, while Ohio will not.</p>]]></content:encoded>
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		<title>By: Robert</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11877</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Mon, 18 Jan 2010 08:13:32 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11877</guid>
		<description>&lt;p&gt;@&lt;a href=&quot;#comment-11305&quot; rel=&quot;nofollow&quot;&gt;Dana&lt;/a&gt;:  They can NOT garnish your SSDI, but depending on your state laws could go after you in other ways for writing a bad check.  These cash advance places differ from state to state and consumers have different protections.  It is possible they could (if the account is used for anything in ADDITION to your sons SSDI) garnish that bank account.  If you have deposited ANY funds into that account in the last 45 to 60 days, start a new account. Then have it deposited into the new account and DO NOT use that account other than to have the SSDI deposited and that is it!&lt;/p&gt;

&lt;p&gt;Attempt to call and make payment arrangements with them.  I would do it by certified mail (keeping a copy for yourself).  Tell them in the letter that they can take the arrangements in payments or you will set aside x number of dollars per month and when the full amount is saved you will then pay them.  If they refuse and you have to start to save up the funds, then at least when or if they file a court action (which they most likely will) you can explain your situation better to the judge and ask for relief from the judgment in the form of payment arrangement (that you had already tried to make with them before the filing).  Courts will often agree to a payment plan and as long as one is in place and followed NO other collection on that account is allowed.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>@<a href="#comment-11305" rel="nofollow">Dana</a>:  They can NOT garnish your SSDI, but depending on your state laws could go after you in other ways for writing a bad check.  These cash advance places differ from state to state and consumers have different protections.  It is possible they could (if the account is used for anything in ADDITION to your sons SSDI) garnish that bank account.  If you have deposited ANY funds into that account in the last 45 to 60 days, start a new account. Then have it deposited into the new account and DO NOT use that account other than to have the SSDI deposited and that is it!</p>

<p>Attempt to call and make payment arrangements with them.  I would do it by certified mail (keeping a copy for yourself).  Tell them in the letter that they can take the arrangements in payments or you will set aside x number of dollars per month and when the full amount is saved you will then pay them.  If they refuse and you have to start to save up the funds, then at least when or if they file a court action (which they most likely will) you can explain your situation better to the judge and ask for relief from the judgment in the form of payment arrangement (that you had already tried to make with them before the filing).  Courts will often agree to a payment plan and as long as one is in place and followed NO other collection on that account is allowed.</p>]]></content:encoded>
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		<title>By: Robert</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11876</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Mon, 18 Jan 2010 08:04:42 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11876</guid>
		<description>&lt;p&gt;@&lt;a href=&quot;#comment-11396&quot; rel=&quot;nofollow&quot;&gt;Fawaz Al-Mohamad&lt;/a&gt;: Have your check mailed to you, DO not have them direct deposited UNLESS they are the ONLY thing going into that bank account.  My suggestion close ANY account you currently have, open a new account with the MINIMUM allowed ($5 IF ALL POSSIBLE) let them know you are only using it for direct deposit of your ssdi.  Then do NOT deposit any money into that account EVER.  Get some sort of safe in the house if you have to and keep the money on hand and out of hers.&lt;/p&gt;

&lt;p&gt;Then I would get some sort of paperwork from the other country where the house is at, some sort of tax statement showing WHO all has ownership in the house, what its taxable value is, what if anything is owed on the house..ect..  and file an appeal as to that 50,000 judgment.   You should be able to file for a hearing without an attorney if you really can not afford one.  BUT make sure you have enough paperwork to back you up.  She is only entitled to a portion of what your ownership stake is in that house.  however it can NOT exceed 100% of what stake you have in the house, but could be up TO 100%, depending on the circumstances as to WHY she was awarded it.&lt;/p&gt;

&lt;p&gt;This sort of thing is NOT child support, federal student loans, or taxes, so therefor is NOT allowed to be garnished from SSDI before or after it goes into your bank account. BUT if other funds are in there it is possible to take the entire amount.  Only protection is the make it obvious that it is SSDI and ONLY SSDI is to isolate those funds from anything else.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>@<a href="#comment-11396" rel="nofollow">Fawaz Al-Mohamad</a>: Have your check mailed to you, DO not have them direct deposited UNLESS they are the ONLY thing going into that bank account.  My suggestion close ANY account you currently have, open a new account with the MINIMUM allowed ($5 IF ALL POSSIBLE) let them know you are only using it for direct deposit of your ssdi.  Then do NOT deposit any money into that account EVER.  Get some sort of safe in the house if you have to and keep the money on hand and out of hers.</p>

<p>Then I would get some sort of paperwork from the other country where the house is at, some sort of tax statement showing WHO all has ownership in the house, what its taxable value is, what if anything is owed on the house..ect..  and file an appeal as to that 50,000 judgment.   You should be able to file for a hearing without an attorney if you really can not afford one.  BUT make sure you have enough paperwork to back you up.  She is only entitled to a portion of what your ownership stake is in that house.  however it can NOT exceed 100% of what stake you have in the house, but could be up TO 100%, depending on the circumstances as to WHY she was awarded it.</p>

<p>This sort of thing is NOT child support, federal student loans, or taxes, so therefor is NOT allowed to be garnished from SSDI before or after it goes into your bank account. BUT if other funds are in there it is possible to take the entire amount.  Only protection is the make it obvious that it is SSDI and ONLY SSDI is to isolate those funds from anything else.</p>]]></content:encoded>
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		<title>By: Robert</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11875</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Mon, 18 Jan 2010 07:52:05 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11875</guid>
		<description>&lt;p&gt;@&lt;a href=&quot;#comment-11714&quot; rel=&quot;nofollow&quot;&gt;jose beiro&lt;/a&gt;:  FIle for a hardship deferment first of all.  Second if you are on DISABILITY - and your disability was something that happened AFTER you went to school and took out these loans they have a program to CANCEL the loans completely out (if they are federal student loans which I assume they are) simply call them and ask for the disability forms, your doctor will have to fill them out state your disability and put down a date to when you became disabled,  so that you will never have to repay them.  My wife almost did that, however by doing that you will no longer EVER be eligible for student loans again.  I assume at your age that is not even going to be an issue though.&lt;/p&gt;

&lt;p&gt;If they are NOT federal student loans, ie.. regular loans to go to school.  Then they are most likely dischargeable in bankruptcy AND they will NOT be able to garnish your SSDI to begin with.  Since ONLY federal student loans have the ability to do this, not simple bank loans.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>@<a href="#comment-11714" rel="nofollow">jose beiro</a>:  FIle for a hardship deferment first of all.  Second if you are on DISABILITY &#8211; and your disability was something that happened AFTER you went to school and took out these loans they have a program to CANCEL the loans completely out (if they are federal student loans which I assume they are) simply call them and ask for the disability forms, your doctor will have to fill them out state your disability and put down a date to when you became disabled,  so that you will never have to repay them.  My wife almost did that, however by doing that you will no longer EVER be eligible for student loans again.  I assume at your age that is not even going to be an issue though.</p>

<p>If they are NOT federal student loans, ie.. regular loans to go to school.  Then they are most likely dischargeable in bankruptcy AND they will NOT be able to garnish your SSDI to begin with.  Since ONLY federal student loans have the ability to do this, not simple bank loans.</p>]]></content:encoded>
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		<title>By: Robert</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11872</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Mon, 18 Jan 2010 05:22:38 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11872</guid>
		<description>&lt;p&gt;my wife and I are getting behind on medical bills, I am on unemployment and she is getting ssdi.  We filed bankruptcy about 8 months ago, these are new bills (about 10,000 worth) they are mainly from an auto accident that my wife was in about 3 yrs ago that our auto insurance refuses to pay ANY of it.  We currently have a law suit pending against Our auto insurance as well as the lady who caused the accident.&lt;/p&gt;

&lt;p&gt;She has her ssdi going into an account by itself.  I have my unemployment going into another account (at a totally different bank).  My concern is that they will find a way to garnish us leaving us without the ability to keep a roof over our heads as we are barely able to do now.  Between her ssdi and my unemployment (as well as child support I collect from an ex-wife) we have 750 in ssdi, 230 in child support and 1664 in unemployment a month.  (total of about 2640)  Our house payment is 860 a month, and utilities are another 300. so it consumes HALF of our income just there.  Then you add in our car payment (we have to keep a reliable car due to MANY MANY dr appointments), of 340 a month, another 150 in car insurance, that now leaves us with 800 for food for 3 people, gas to get around, phone bill, maintenance on a 4 yr old car.. we have little to NOTHING left at the end of the month.  I offered to pay them 20 a month, but they told me they could only do that for 2 months then we would have to pay at least 100 to 200 a month at a minimum!&lt;/p&gt;

&lt;p&gt;What can they legally garnish if anything?  Is it just 25% of my disposable income (meaning either work wages or my unemployment?) - I assume unemployment is exempt from what I have read thus far.  Sooner or later I will either return to work or apply for ssdi myself due to liver disease.&lt;/p&gt;

&lt;p&gt;I need to know how to protect my family from ending up on the streets.&lt;/p&gt;

&lt;p&gt;One other issue is that I have about 10 medical bills that are in collections with different creditors.  There is NO way I can please them all - especially at one time.   I have actually quit going to the dr because of this issue, and my health is actually getting worse because of that.&lt;/p&gt;

&lt;p&gt;Another question is we did NOT reaffirm on the house when we did the bankruptcy, we only put 500 down on it 2 yrs ago when we bought it.  It is worth about what we owe on it.  If I should die what will happen with the house.  Would they try to seize it even if there is little to no equity at all in it? (to me this would make no sense but then I see stupid things happen all the time). Just an FYI,  Most of the debt is in my wifes name, the house is ONLY in mine.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>my wife and I are getting behind on medical bills, I am on unemployment and she is getting ssdi.  We filed bankruptcy about 8 months ago, these are new bills (about 10,000 worth) they are mainly from an auto accident that my wife was in about 3 yrs ago that our auto insurance refuses to pay ANY of it.  We currently have a law suit pending against Our auto insurance as well as the lady who caused the accident.</p>

<p>She has her ssdi going into an account by itself.  I have my unemployment going into another account (at a totally different bank).  My concern is that they will find a way to garnish us leaving us without the ability to keep a roof over our heads as we are barely able to do now.  Between her ssdi and my unemployment (as well as child support I collect from an ex-wife) we have 750 in ssdi, 230 in child support and 1664 in unemployment a month.  (total of about 2640)  Our house payment is 860 a month, and utilities are another 300. so it consumes HALF of our income just there.  Then you add in our car payment (we have to keep a reliable car due to MANY MANY dr appointments), of 340 a month, another 150 in car insurance, that now leaves us with 800 for food for 3 people, gas to get around, phone bill, maintenance on a 4 yr old car.. we have little to NOTHING left at the end of the month.  I offered to pay them 20 a month, but they told me they could only do that for 2 months then we would have to pay at least 100 to 200 a month at a minimum!</p>

<p>What can they legally garnish if anything?  Is it just 25% of my disposable income (meaning either work wages or my unemployment?) &#8211; I assume unemployment is exempt from what I have read thus far.  Sooner or later I will either return to work or apply for ssdi myself due to liver disease.</p>

<p>I need to know how to protect my family from ending up on the streets.</p>

<p>One other issue is that I have about 10 medical bills that are in collections with different creditors.  There is NO way I can please them all &#8211; especially at one time.   I have actually quit going to the dr because of this issue, and my health is actually getting worse because of that.</p>

<p>Another question is we did NOT reaffirm on the house when we did the bankruptcy, we only put 500 down on it 2 yrs ago when we bought it.  It is worth about what we owe on it.  If I should die what will happen with the house.  Would they try to seize it even if there is little to no equity at all in it? (to me this would make no sense but then I see stupid things happen all the time). Just an FYI,  Most of the debt is in my wifes name, the house is ONLY in mine.</p>]]></content:encoded>
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		<title>By: jose beiro</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11714</link>
		<dc:creator>jose beiro</dc:creator>
		<pubDate>Mon, 14 Dec 2009 14:37:55 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11714</guid>
		<description>&lt;p&gt;I am 60 years old on Social Security disability and I am unemployed. I have had two student loans, it seems like forever. I have made payments in the past to the best that I am able. I am finding it difficulty to continue making payments due to my financial situation.
  I am being told that if I can not make payments that the creditors are going to garnish my disability check. Can they legally do this. It&#039;s not that i don&#039;t want to pay it is that I am unable.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>I am 60 years old on Social Security disability and I am unemployed. I have had two student loans, it seems like forever. I have made payments in the past to the best that I am able. I am finding it difficulty to continue making payments due to my financial situation.
  I am being told that if I can not make payments that the creditors are going to garnish my disability check. Can they legally do this. It&#039;s not that i don&#039;t want to pay it is that I am unable.</p>]]></content:encoded>
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		<title>By: Fawaz Al-Mohamad</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11396</link>
		<dc:creator>Fawaz Al-Mohamad</dc:creator>
		<pubDate>Tue, 08 Sep 2009 07:14:20 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11396</guid>
		<description>&lt;p&gt;I am 55 years old on social security disability, the only income I have, just got out of divorce. The court awarded my ex wife $50,000 compensation for a house overseas, the house is a family house, I couldn&#039;t convince the court that I really don&#039;t have that house and I can&#039;t do anything about this house. The court imposed a lein of $50,000 on that house.The court in my country doesn&#039;t honor any court order from the USA. Can my ex wife garnish my SSDI for payment on this house?&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>I am 55 years old on social security disability, the only income I have, just got out of divorce. The court awarded my ex wife $50,000 compensation for a house overseas, the house is a family house, I couldn&#039;t convince the court that I really don&#039;t have that house and I can&#039;t do anything about this house. The court imposed a lein of $50,000 on that house.The court in my country doesn&#039;t honor any court order from the USA. Can my ex wife garnish my SSDI for payment on this house?</p>]]></content:encoded>
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		<title>By: Dana</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11305</link>
		<dc:creator>Dana</dc:creator>
		<pubDate>Mon, 17 Aug 2009 06:31:55 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11305</guid>
		<description>&lt;p&gt;HI, I went through a check cashing company and got a advance and my source of income is only my SSDI. I had to close my account due to fraud and that meant that the loan wasn&#039;t paid. Well because the fraud process took up to 3 wks and my account was a huge mess. I was served by the check cashing place because they wouldn&#039;t accept a repayment plan that I could afford. Can they garnish my SSDI now and what about my kids SSDI? My kids SSDI goes into a bank account with my name on it but I receive a check for my SSDI. Thanks in advance.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>HI, I went through a check cashing company and got a advance and my source of income is only my SSDI. I had to close my account due to fraud and that meant that the loan wasn&#039;t paid. Well because the fraud process took up to 3 wks and my account was a huge mess. I was served by the check cashing place because they wouldn&#039;t accept a repayment plan that I could afford. Can they garnish my SSDI now and what about my kids SSDI? My kids SSDI goes into a bank account with my name on it but I receive a check for my SSDI. Thanks in advance.</p>]]></content:encoded>
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		<title>By: Patrick</title>
		<link>http://www.thebklawyer.com/thebkblog/2007/03/07/social-security-benefit-checks-are-exempt-from-garnishment-but/#comment-11242</link>
		<dc:creator>Patrick</dc:creator>
		<pubDate>Fri, 24 Jul 2009 06:49:08 +0000</pubDate>
		<guid isPermaLink="false">http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=118#comment-11242</guid>
		<description>&lt;p&gt;I receive SSDI and my spouse is my Representative Payee.  I also receive 100% VA Compensation.  I ended up with a lot of unsecure debt waiting for approval of VA and SSDI awards along with my spouse&#039;s illness.  I am currently with a Debt Resolution Company and have settle one debt at this time.&lt;/p&gt;

&lt;p&gt;My question is can creditors garnish or freeze my bank accounts?  One account is Social Security funds only with my wife listed as my payee.  When the check comes direct deposit it comes in her name.  I have a separate account just in my name only for my VA Compensation.  No other funds are placed in this account.  Can someone give me some guidance as what I should do.  Should I drop my name off both accounts and have my spouse as the account owner?  Or should I request that each agency send me paper checks?&lt;/p&gt;

&lt;p&gt;Patrick&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>I receive SSDI and my spouse is my Representative Payee.  I also receive 100% VA Compensation.  I ended up with a lot of unsecure debt waiting for approval of VA and SSDI awards along with my spouse&#039;s illness.  I am currently with a Debt Resolution Company and have settle one debt at this time.</p>

<p>My question is can creditors garnish or freeze my bank accounts?  One account is Social Security funds only with my wife listed as my payee.  When the check comes direct deposit it comes in her name.  I have a separate account just in my name only for my VA Compensation.  No other funds are placed in this account.  Can someone give me some guidance as what I should do.  Should I drop my name off both accounts and have my spouse as the account owner?  Or should I request that each agency send me paper checks?</p>

<p>Patrick</p>]]></content:encoded>
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