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  1. #1
    Join Date
    Jul 2009
    Posts
    7

    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?

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Bank Garnishment

    Quote Quoting bigbillp
    View Post
    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.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    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.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Bank Garnishment

    Quote Quoting Antigone
    View Post
    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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