Q: How to recoup Social Security funds after conflicting court orders?
I received three debt judgments, and a receiver was appointed, seizing funds from two of my bank accounts—one with Social Security funds and the other with my paycheck. After presenting my documentation in a hearing, the judge ordered the return of $14,122 in Social Security protected funds within three days, but the receiver did not comply. I filed a motion for contempt, which is still under review. Meanwhile, the receiver filed a motion to disburse $5,335.80 to the plaintiff, which was granted. How can I proceed to recoup my retirement money given the contradiction between the judge's orders?
A:
You are dealing with a complicated situation, as two conflicting court orders are causing confusion about your protected Social Security funds. First, immediately notify the judge overseeing your contempt motion about the receiver’s noncompliance and the contradictory disbursement order. Clearly outline how the receiver's actions violate the judge's initial directive to return your protected funds.
Next, file an emergency motion to vacate or reconsider the recent order allowing the receiver to disburse the $5,335.80. Emphasize that these funds were part of the protected Social Security amounts previously ordered returned. Provide detailed documentation supporting that these funds originated directly from Social Security deposits.
Finally, request an expedited hearing to resolve this conflict swiftly, given the urgency of recovering your retirement money. Stress the hardship and harm you're experiencing due to the receiver’s actions and the delay in compliance. Your proactive approach will help ensure the judge addresses these conflicting orders promptly and fairly.
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