Question regarding garnishment of social security disability

Submitted by jakesmom2002 on Wed, 03/18/2009 - 01:36
Forums

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?

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.

Wed, 03/18/2009 - 08:29 Permalink

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.

Wed, 03/18/2009 - 09:07 Permalink