Covina, CA asked in Banking, Collections and Social Security for Michigan

Q: Is it legal for my savings acct. ( DIRECT DEP from soc sec) to be garnished by credit card company?? FACTS/background

Joint acct, social security check made out to me for the care of my husband. The only money that goes into this acct is his ss check.

The garnishment was against me not him.

4k was taken without my knowledge. I didn't receive garnishment writ as they stated. I was told I have 14 days to appeal which leaves me 2 days. Can you tell me what form number or name to file?

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

A: If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.

Thomas. R. Morris and Trent Harris agree with this answer

1 user found this answer helpful

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

A: If only SS is in the account, the bank should have raised the issue, but I don’t recommend reliance upon a bank to do so.

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