QUESTION
Can a private credit card company get a default judgment and attach a bank account of a senior citizen?
Asked on Jul 16th, 2013 on Bankruptcy - Michigan
5 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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Yes, but they cannot seize social security funds. They can freeze your bank account until you prove that the funds are solely social security.
Answered on Jul 17th, 2013 at 12:21 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes, they can attach it and you would have to show what is in the account is not attachable. The Burden is on you
Answered on Jul 17th, 2013 at 10:55 AM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
Yes, subject to exemption laws. Social Security and pension payments are exempt. Illinois also has a $4,000 "wildcard" exemption that can be applied to funds in a bank account not otherwise exempt.
Answered on Jul 17th, 2013 at 10:54 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Under New Jersey Law the creditor must file suit and win the suit. They can then attach the debtors bank account regardless of the debtors age.
Answered on Jul 17th, 2013 at 10:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, senior stratus is not relevant to the issues raised.
Answered on Jul 17th, 2013 at 10:53 AM