Question regarding garnishment of social security disability

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jakesmom2002

Joined: 18 Mar 2009
jakesmom2002's page
Posts: 1

28 Magic Points

Subject: Question regarding garnishment of social security disability

Wed Mar 18, 2009 1:36 am

Could someone who sued me, and won a judgment then be granted a garnishment from my checking account when the only source of income is from my Husband's Social Security Disability pension? He was not sued, but we have a joint checking account where his money is directly deposited. Can they take that money, even though I was the one sued, and not my husband?

DEVID85

Joined: 05 Mar 2009
DEVID85's page
Posts: 23

2 Magic Points

Wed Mar 18, 2009 8:29 am

Disability pension can not be garnished legally. If forced more, you can contact the attorney of the state for pensions and also. But you should have enouh proofs to prove that this is the only income source. The minimum requirements for your very basic needs has to be kept while sueing on your income.

And Why don't try to separate your account from the joint account? It will make more difficult for the lender to garnish on that account.

Mary

Joined: 06 Jul 2006
Mary's page
Posts: 686

17396 Magic Points

Wed Mar 18, 2009 9:07 am

Yes, the creditor can garnish the joint bank account if they have brought judgment against you to do so. However, since the money that gets credited in your bank account is your social security benefit, you should inform the bank about it so that money does not get garnished. Moreover, if you remove your name from the checking account, the money will not be garnished because the judgment has been in your name.

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