QUESTION
Can a company withdraw from my SSI money legally?
Asked on Sep 26th, 2012 on Bankruptcy - New York
More details to this question:
I have a sole account with only SSI benefits in it. Direct TV debited my account for $304.00 because my common law husband used my card to open the account. We had no automatic payments with them and I never signed any contract. Can they withdrawal my SSI money legally?
11 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No, SSI can not be attached.
Answered on Jun 12th, 2013 at 1:41 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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NO.
Answered on May 22nd, 2013 at 1:44 AM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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You would have to look at the contract your common law husband signed. It may be that it authorized withdrawals. However, you should probably contact Direct TV and advise them that it is (1) your account; (2) that you didn't sign their contract; and (3) that the funds are exempt from collection from creditors and see if you can get them to refund it.
Answered on Oct 03rd, 2012 at 4:52 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I do not believe that they can withdraw money directly without permission. I would get after your common law husband for using your name and card illegally or else just pay it.
Answered on Sep 28th, 2012 at 7:31 PM
Ronald A. Steinberg
Your mistake to get involved with the wrong guy. Once the money is in the account, it is fair game.
Answered on Sep 28th, 2012 at 7:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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As stated your question does present some issues and you should seek counsel from an attorney. The account is yours and attachable by creditors once the SSI is paid into it. If your common law partner was authorized to use your card you are, most probably, liable to pay the charge. It may be his contract and therefore you can almost certainly revoke authorization for automatic withdrawals.
Answered on Sep 28th, 2012 at 7:31 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Without a court order or specific authorization they cannot touch your account. Contact them and your bank.
Answered on Sep 28th, 2012 at 7:30 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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I believe SSI is an exempt income that cannot be executed against. Go see a creditor/debtor's rights attorney.
Answered on Sep 28th, 2012 at 7:30 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I don't think it matters that the money from the account is from SSI. Once it is in the account, it is treated as any other bank account. If a debit card was used with your authorization, then the account can be debited. If it was without your authorization, you can probably dispute the transaction (your bank can probably help you do this) and possibly have the debit reversed. However, you may have to file a complaint against your common law husband for credit card fraud. You can't have it both ways, claim it was unauthorized, be then not press charges for the unauthorized use.
Answered on Sep 28th, 2012 at 1:20 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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if the payment is deposited in a bank and you have a debit agreement they can take it out.
Answered on Sep 28th, 2012 at 1:15 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Once the money is in your account, it becomes subject to the terms and conditions of the account. When your husband used the debit card, he authorized Direct TV to withdraw the money. Inform both Direct TV and the bank, in writing, that no such further withdrawals are authorized, then confirm with each of them that they have received the instruction.
Answered on Sep 28th, 2012 at 11:19 AM