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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 07-27-2009, 02:09 PM
bigbillp bigbillp is offline
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Default Bank Garnishment
My question involves collection proceedings in the State of: fl.
received summons but have not yet had a judgement filed yet. I'm on SS disability. Can they garnish my checking account? Also I'm on a joint money market in my Mom's name and SS#, can they touch that account?
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Old 07-27-2009, 03:42 PM
Antigone Antigone is offline
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Default Re: Bank Garnishment
Quoting bigbillp
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My question involves collection proceedings in the State of: fl.
received summons but have not yet had a judgement filed yet. I'm on SS disability. Can they garnish my checking account? Also I'm on a joint money market in my Mom's name and SS#, can they touch that account?
They can garnish your accounts and it would be up to you to prove the money is exempt. You should inform your mother and get yourself off her account ~ those funds would probably not be exempt.
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Old 07-27-2009, 03:53 PM
SChinFChin SChinFChin is offline
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Default Re: Bank Garnishment
The checking account that your SS checks goes into, make sure it's only SS checks that goes into them, else they garnish everything. They can't, or not supposed to, garnish proceeds if it's from SS checks.

However, there's been an investigation in my area about collection agencies and law firms playing dumb seizing monies from accounts anyway that they clearly shouldn't, and it then takes debtors months to get the money back, and only after debtors get hold of lawyers.

As to the account under your mom's name, and SS#, from what I'm told, it's considered your mom's. She, or you, might play it safe to open one where it's her name only, and you the "power of attorney" only, so you can help with the banking. My wife does banking for her aged mom, and some accounts are joint, while others are done as POA's.
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Old 07-27-2009, 10:17 PM
Betty3 Betty3 is offline
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Default Re: Bank Garnishment
Quoting Antigone
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They can garnish your accounts and it would be up to you to prove the money is exempt. You should inform your mother and get yourself off her account ~ those funds would probably not be exempt.
I agree with the above. You will have to prove to the bank, the creditor (judgment holder) & the court that the money in your checking acct. is all SS & exempt from seizure.

It would be best not to have your name on the M.M. acct. with your mother. They will generally try & go after any income/assets that they can find that also have your name on them (ie jt. income/assets).

However; before they can seize anything, they have to get the judgment.
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