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?
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
