Los Angeles, CA asked in Bankruptcy for California

Q: Can my bank account be frozen or garnished?

I'm over 70, income limited to two union pensions (both ERISA) and Social Security. I have credit card debt that's in the process of the creditor seeking a judgement. I have a credit union in Massachusetts but live in California, does Mass. law prevail or my actual residency (Mass. is actually more strict on garnishment than CA...) ?

I've looked into it and and it seems CRS 13-54-102(s) protects pensions and 42 USC 407 protects Social Security.

Given my age and physical condition, my intent is to forgo the expense and time involved with bankruptcy as I may not live long enough to require it's long term benefits. I have no other significant assets anyone can come after.

Is my bank account safe from freezing/garnishment ?

Related Topics:
1 Lawyer Answer
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: in my opinion, you're hitting the right legal bases.

Assuming that the pursuing creditor takes a judgment against you, that's only half the creditor's battle; collecting on the judgment is the other half.

You don't say where or whether your creditor has brought suit. Creditors, or some collectors, may threaten suit by letter or phone call, but about half the time that's a bluff, and usually depends upon the amount of the debt balance.

If the creditor takes a judgment in California, to issue execution against your credit union in Massachusetts, it must register its judgment in MA, and then issue, e.g., a garnishment writ there.

In my state, the process is that the creditor issues a garnishment writ to your financial institution, with interrogatories which the bank/credit union must answer (e.g., how much is held in your deposit accounts), and your financial institution is charged with the duty to notify you of the garnishment (which consumes more time before you get notice). Your bank will freeze/hold your account, plus any deposits made thereafter, until it receives an order from the court to pay the funds over to the garnishing creditor. You will have a limited window to file written objections to the garnishment (in PA, it's ten days, to present objections to the Sheriff's Department that served the writ). Your objections would include, among any other points, that all of the deposit funds are exempt under both federal and applicable state laws.

You should speak to counsel about these issues. The weak link in the chain is the delivery of notice of a garnishment to you so that you can file timely objections and your exemption claims.

Timothy Denison and Tristan Brown agree with this answer

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.