QUESTION
Can a collection agency take money in my checking account if it was deposited from my social security or pension?
Asked on Oct 16th, 2012 on Bankruptcy - Michigan
More details to this question:
Money in checking account from pension plan or SSI can a court judgment be taken out of checking account.
5 ANSWERS
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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In Nevada that money is exempt, but you have to file an affidavit of exemption if the garnishment went through.
Answered on Oct 17th, 2012 at 1:47 PM
Yes, the funds are no longer protected once deposited into a regular checking or savings account.
Answered on Oct 17th, 2012 at 1:47 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on the type of debt. If student loans or taxes then yes. All others -no. But the bank will freeze your account and you will need to take immediate steps to prove the funds are solely social security. You might consider obtaining some advice about bankruptcy. But, please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Oct 17th, 2012 at 1:46 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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They are not supposed to. But how are they to know it is from SSI or File an objection to the garnishment timely?
Answered on Oct 17th, 2012 at 1:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Possibly, and generally yes. When the money is in your account it is simply your money and subject to attachment. Under some circumstances it can be protected.
Answered on Oct 17th, 2012 at 1:45 PM