Eastpointe, MI asked in Collections for Michigan

Q: Can a debt collector put a freeze on your bank account if your disabled and receiving social security benefits?

We have a joint bank account. I work, however my husband is on disability. An attorney's office has frozen part of our savings account. Can they touch this if the majority of the money in the account is from my income.

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2 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Collections Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: Yes, unless you object to the writ of garnishment to raise the issue. The court does not automatically know that the social security proceeds are exempt.

Brent T. Geers agrees with this answer

Adam Alexander
Adam Alexander
Answered
  • Consumer Law Lawyer
  • Southfield, MI
  • Licensed in Michigan

A: In Michigan, SS benefits are generally exempt from collection. However, the exempt funds must be "identifiable." This is a complex legal analysis and a definitive answer cannot be gleaned from the facts you provided. Generally, if funds are commingled with other funds, or transferred from an exempt account to a non-exempt account, they may no longer be "identifiable." I suggest you contact a credit lawyer to provide more detail and determine if you have a case here.

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