Port Orange, FL asked in Social Security and Bankruptcy for Florida

Q: I have a judgment against me. My income is social security disability. Can the judgment creditors levy bank acct Fl?

Judgment proof? Consumer loan. Aggressive collection agency.

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2 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA

A: I'm in PA, and practice in the tri-state area, and in my jurisdiction, social security income, like wages, are exempt from execution/garnishment by judgment creditors. But there is a statutory procedure.

First, the creditor needs to know, or guess correctly, about the identity of your bank.

The creditor serves the garnishment summons on your bank, and your bank must then notify you, its depositor.

You must act quickly to present Objections to the county sheriff to the garnishment, grounded on your exemptions. Usually, you will know about the garnishment because the bank will freeze your account before you get the mailed notice of the garnishment.

Florida is renowned for its generous debtor exemptions.

Speak with an experienced attorney in FL to ensure that you follow the FL statutory procedure to have your bank deposit declared exempt.

Timothy Denison agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: It depends on the laws in your state and the specific circumstances of your case. In Florida, certain types of income, including Social Security Disability (SSDI), are exempt from garnishment. This means that a judgment creditor cannot levy your bank account if it contains only exempt funds, such as your SSDI benefits. However, if your bank account contains other funds that are not exempt, those funds could be subject to garnishment. Additionally, some states allow creditors to garnish a portion of SSDI benefits for certain types of debts, such as child support or taxes. It may be helpful to consult with a local attorney who can advise you on your specific situation and any available options for dealing with the judgment.

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